Latest in Seamus Says - Employment Law Discussion

Seamus Says - Employment Law Discussion

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How should maternity pay be paid to an employee on fixed-term contract?

Posted in: Seamus Says - Employment Law Discussion on 01/02/2019 Q: An employee is pregnant but on a fixed-term contract. What is the expected way to pay maternity pay? Scott: “An employee is pregnant but on a fixed-term contract. Due to prior employment, they have the relevant length of service and I understand they’re entitled to maternity pay but not sure abo...
This article is listed under the following topics:
Pay and Conditions of Employment
Features

Ownership of LinkedIn Contacts

Posted in: Seamus Says - Employment Law Discussion on 01/02/2019 Q: Does my company have the right to request access to my LinkedIn contacts following my resignation? “I’ve worked for the company for five years in a relatively senior business development role. I recently resigned from the post and plan to work for a competitor in a different geographical locatio...
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Can an employee returning from maternity leave request to work closer to home?

Posted in: Seamus Says - Employment Law Discussion on 01/02/2019 Q: Can an employee returning from a 12-month maternity leave request a site of work closer to home on the basis that she has childcare responsibilities and does not want to travel far and perhaps is still breastfeeding?” Hannah: Yes, she can make the request, but it’s a flexible working request tha...
This article is listed under the following topics:
Policies and Procedures
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Are KIT days full-rated for part-time employees?

Posted in: Seamus Says - Employment Law Discussion on 01/02/2019 Q. Are KIT days full-rated for part-time employees?” I think it’s 10 total. Seamus: My understanding is 10 days total in terms of what your normal salary is. Scott: So, if you’re working three days a week, it’s still 10 days regardless of whether you’re working five days? Seamus: Yes. Scott: Just o...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Features

What maternity leave and payments are pregnant employees entitled to?

Posted in: Seamus Says - Employment Law Discussion on 01/02/2019 Q: We have an employee who is pregnant. What payments and leave is she entitled to? Scott: Let’s kick straight off with some questions on maternity leave and payments and such. We’ve got a general one coming in there from a customer. “We have an employee who is pregnant. What is the process going f...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Features

Can an employer extend a secondment against the wishes of the employee?

Posted in: Seamus Says - Employment Law Discussion on 11/01/2019 Q: An employee secondment to another internal department was issued for up to one year and the employer wants to extend it further, but the employee doesn't. Where does the employer stand? Scott: Okay. The same person wrote in a couple of questions just on secondments. Now, they're not on the list...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures
Features

Can we select a current employee for a temporary internal vacancy or must we advertise?

Posted in: Seamus Says - Employment Law Discussion on 11/01/2019 Q: If I have a temporary internal vacancy, can I pick a member of staff to offer the role to or do I need to advertise it to all staff and interview for it? Scott: Okay. We have another question on internal vacancies that came in this week. Just while you're listening, everybody, there is a little ...
This article is listed under the following topics:
Policies and Procedures Recruitment and Selection
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Must we await the conclusion of an investigation before interviewing for an internal vacancy?

Posted in: Seamus Says - Employment Law Discussion on 11/01/2019 Q: An employee is being investigated but has applied for a different internal vacancy. She claims it is unfair to expect her to attend the interview until the investigation is over. What advice can you give? Seamus: Well, the important point in terms of this query is that we don't know what the inv...
Features

How many successive fixed-term contracts can be used post-retirement?

Posted in: Seamus Says - Employment Law Discussion on 11/01/2019 This question is on on retirement and fixed-term contracts: How many successive fixed-term contracts can be used post-retirement and is there a guideline as to how long these can be? For example, how do you sensitively gauge how long someone is able to continue work? I think this question, Seamus,...
This article is listed under the following topics:
Contracts of Employment
Features

Should we take legal action against a former employee in breach of a restrictive covenant?

Posted in: Seamus Says - Employment Law Discussion on 11/01/2019 Q: I heard that an ex-employee in a non-managerial role recently started work for a former client who I suspect may have approached the employee prior to the departure from our company. Should we take legal action against this former employee, given that they are potentially in breach of a restrict...
This article is listed under the following topics:
Contracts of Employment