Deductions from Pay for Cash/Till Shortages

Posted in: Seamus Says - Employment Law Discussion on 05/02/2021 My question relates to the role of cashiers, whether it is lawful for an employer to have a policy that requires an employee to refund the employer regarding any discrepancies in cash, assuming that it's a cash shortage.For example, if the cashiers till is short at the end of the day, when it's bal...

Providing Facilities for Remote Working

Posted in: Seamus Says - Employment Law Discussion on 05/02/2021 We have provided stand-up desks for some staff at work. If in future they wish to work some days at home, are they entitled to such a facility at home as well? Seamus: Well, that sounds like a little bit of a luxury to me. And I think the short answer is no, you know, not if you're not obliged to d...

Furloughing staff who are unable to go into workplace or work from home while work is available

Posted in: Seamus Says - Employment Law Discussion on 05/02/2021 Can employers furlough employees who are unable to work from home, but need to stay home for childcare reasons, or because they are vulnerable, even though there is work available for them? Seamus: Yes, an employer can, employers can furlough employees on that basis. The only caveat is within the g...

Payment for Covid-related Absence

Posted in: Seamus Says - Employment Law Discussion on 05/02/2021 Payment for Covid-related Absence Scott: We had another question, Seamus, that came in now. The person who sent it in yesterday would know, it's too long to read out, and it came from an employee but it was a case of somebody who is so stressed about the situation and COVID, and the dangers of goin...

Can employers force employees to attend the workplace if they have or have not had the vaccine?

Posted in: Seamus Says - Employment Law Discussion on 05/02/2021 Can employers force employees to attend the workplace if they have or have not had the vaccine?We have one employee who is stating that he will not return to the workplace despite safety measures being in place. Can we take action now? If not, can we insist that vaccinated employees return to the w...

Multiple self-isolation periods by employee suspected of flouting Coronavirus rules

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 "We have an employee whom we suspect of flouting coronavirus rules, as she's had to self-isolate for coming into contact with someone infected with COVID-19 on four occasions so far". So she keeps meeting people that have the virus. "Do we have to discount this absence or can we include it for abse...

How best to approach a possible dismissal due to long-term sickness and ill health of an employee

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 "Could you outline how best to approach a possible dismissal due to long-term sickness and ill health of an employee?"Scott: What are the things to keep in mind on how to ensure the dismissal is fair? Clearly, Jaguar didn't get it right in their particular case. Seamus: So the Rumbold/Jaguar Land ...

What do you need to include in your statement telling somebody their IR35 status has changed or applies?

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 What do you need to include in your statement telling somebody their IR35 status has changed or applies? Is there any kind of template? Seamus: I haven't come across any templates as yet. It's just not something that I've had to deal with. But I would imagine that there are templates out there in r...

Impact of Brexit on TUPE Regulations and Issues

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 What sort of TUPE changes are speculated, if any? If a company has an upcoming TUPE situation in Northern Ireland, are there any watch-outs? Seamus: Well, TUPE is very complex. There's no doubt about it. I don't think that I've ever had had a TUPE scenario that has been straightforward. As regards...

Can an employer make or force a staff member to come into work if their job allows them to work from home?

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 Can an employer make or force a staff member to come into work if their job allows them to work from home? Seamus: Well, my reason of the regulations and the guidance is that the employer shouldn't be requiring anyone to come in to the workplace if they can in fact do that job from home. So, if the...