Latest in Seamus Says - Employment Law Discussion

Seamus Says - Employment Law Discussion

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Remote working requests during COVID-19 - permanent or temporary basis?

Posted in: Seamus Says - Employment Law Discussion on 03/12/2020 Scott: Would you advise that we agree to any request for remote working to be on a temporary basis rather than permanent, as we don't know what might happen in 2021? So I suppose this goes back to the flexible working request, and unless it's made temporary, it becomes permanent. I think the questi...
This article is listed under the following topics:
Coronavirus/Covid-19
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How to influence management board to consider their COVID-19 health and safety responsibilities

Posted in: Seamus Says - Employment Law Discussion on 06/11/2020 Q: In relation to health and safety, our organisation has not committed to the employer responsibilities. How as an HR manager can I influence the management board to consider the same and the risk to all stakeholders?Scott: So what's your advice here? We've got an HR manager who's looking at thing...
This article is listed under the following topics:
Health and Safety
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Taking Disciplinary Action Against An Employee Who Refuses to Attend Work On Public Transport

Posted in: Seamus Says - Employment Law Discussion on 06/11/2020 Q: Would it be reasonable to discipline an employee who's refusing to attend her usual place of work to undertake her cleaning role as she is refusing to use public transport due to COVID risks? The employee did previously shield, but she also took annual leave last month to visit Turkey, which was...
This article is listed under the following topics:
Discipline and Grievance Coronavirus/Covid-19
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Calculating Furlough Pay After a Salary Increase

Posted in: Seamus Says - Employment Law Discussion on 06/11/2020 Q: We have previously calculated 80% of pay as at the 28th of February. Now it's extended and people who went on furlough can be on it, or who weren't on it. Is it 80% of the current salary? There was a salary increase or change between February and 23rd of September. Do we calculate it based on th...
This article is listed under the following topics:
Pay Coronavirus/Covid-19
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Can a notice be issued during the extended furlough scheme? Can people be made redundant?

Posted in: Seamus Says - Employment Law Discussion on 06/11/2020 Seamus: Yeah, so in relation to the first . . . I'm going to caveat both replies by saying that there is further guidance to be issued by the government. And I think we've been told that that's going to arrive at us by the 10th of November. It could be a bit before. It could be a bit after. Who kno...
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Redundancy Coronavirus/Covid-19
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I have a member of staff on long-term sick leave, can I furlough them?

Posted in: Seamus Says - Employment Law Discussion on 06/11/2020 Seamus: Yes, the guidance provides the option for the employer to furlough someone that is in long-term sick leave. And there's a discretion for the employer to do that within the guidance.
This article is listed under the following topics:
Absence and Sickness Coronavirus/Covid-19
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What's the updated position in relation to the furlough scheme - are new agreements required?

Posted in: Seamus Says - Employment Law Discussion on 06/11/2020 Seamus: Just as I thought we were going to have to not talk about furlough any longer after talking about it from March time. Yeah, we've now got the position where Saturday night the Prime Minister announced an extension to furlough and that initial extension was really following on from the lockd...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

Taking disciplinary action against an employee breaching COVID-19 restrictions outside work

Posted in: Seamus Says - Employment Law Discussion on 06/11/2020 Q: Are we within our rights to take disciplinary action against an employee who is breaching the COVID restrictions whilst they are not at work? Scott: "We employ care assistants and have informed them that we expect them to act in an appropriate manner in line with the restrictions so as not to pu...
This article is listed under the following topics:
Discipline and Grievance Coronavirus/Covid-19
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Neurodiverse Employees - Data Protection Implications

Posted in: Seamus Says - Employment Law Discussion on 02/10/2020 Scott: We have complaints from colleagues of a particular staff member whom we are aware has Asperger's Syndrome that's difficult to work with and not much of a team player. How do we handle this while not disclosing their neurodiversity? Which I'm assuming here that they've said they don't want to...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
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Adjusting Recruitment Procedures for Applicants with a Neurodiverse Condition

Posted in: Seamus Says - Employment Law Discussion on 02/10/2020 Scott: Do you have any guidance or advice as to how an employer can adjust their recruitment processes to help attract or support people with neurodiverse conditions, particularly at the moment where everything is working from home? So have you had any experiences there where people . . . people ar...
This article is listed under the following topics:
Policies and Procedures Recruitment and Selection