Latest in Seamus Says - Employment Law Discussion

Seamus Says - Employment Law Discussion

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Dealing with Excess – TOIL – How Do We Handle This?

Posted in: Seamus Says - Employment Law Discussion on 07/02/2020 "I have recently joined a start-up company as HR. During that time, 5 employees have built up to between 12 and 15 weeks' time in lieu. I have, as I see it, exceptional circumstances as they were in the start-up, but I need them to get rid of this time in lieu before the fiscal year 2020 starts. Wh...
This article is listed under the following topics:
Working Time
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Electronic Signatures – Are They Legally Acceptable?

Posted in: Seamus Says - Employment Law Discussion on 07/02/2020 Is it legally permissible to sign employment contracts with electronic signatures without the need for follow-up wet signatures or a hard copy document with an actual pen signature? Seamus: The short answer to that is that I don't see any difficulties with documents being signed and then scanned in...
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Precautionary Suspension – How Long Is Reasonable?

Posted in: Seamus Says - Employment Law Discussion on 07/02/2020 Scott: Assuming I'm correct in that this person who wrote in had been suspended for ages pending an investigation that seems to have gone nowhere, I've seen that in the public sector a lot. They start growing arms and legs, all these investigations. They're interviewing the whole department, and it...
This article is listed under the following topics:
Policies and Procedures
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Garden Leave – Use and Duration

Posted in: Seamus Says - Employment Law Discussion on 07/02/2020 "When and for how long should garden leave be used? When might it become a breach of contract?" Scott: Let's look at garden leave, the concept of it. What is it? For how long might it be used and in what kind of circumstance? Seamus: The basics of garden leave are that it is what it says on the tin...
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Working Time
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Time Off For Dependants – Potential For Unpaid Time off In A Bereavement

Posted in: Seamus Says - Employment Law Discussion on 07/02/2020 Rolanda: Time off for dependants, would you be entitled to a reasonable amount of unpaid time off to deal with the death of a dependant? Seamus: That's right. Rolanda: But I suppose that time off for dependants leave has always seemed to be quite short. But again, what is reasonable? Seamus: From m...
This article is listed under the following topics:
Working Time
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Is Parental Bereavement Leave Coming into Northern Ireland?

Posted in: Seamus Says - Employment Law Discussion on 07/02/2020 Seamus: The regulations in England are known as Parental Bereavement Leave Regulations 2020. It's also known as Jack's Law. Jack was a poor boy that drowned, and his mother has been advocating for this bereavement leave for parents. It goes into effect in England on the 6th of April of this year. I...
This article is listed under the following topics:
Working Time
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Returning to Work After Maternity Leave

Posted in: Seamus Says - Employment Law Discussion on 10/01/2020 This question is really about someone returning from maternity leave to a job-sharing role and effectively being told that their job-sharing role is no longer available because, and for whatever reason, it hasn't worked out, that they have to come back full-time or to an alternative role part-time....
This article is listed under the following topics:
Discrimination Pay
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Statutory Maternity Pay

Posted in: Seamus Says - Employment Law Discussion on 10/01/2020 Rolanda: Okay, just moving on from redundancy, we had a question come in during the week. I think it would be a nice quick one, "We have an employee who works in Northern Ireland but lives in the Republic of Ireland. Are we okay to assume they are entitled to statutory and maternity pay, if they qu...
This article is listed under the following topics:
Discrimination Pay
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Alternative Employment and Redundancy

Posted in: Seamus Says - Employment Law Discussion on 10/01/2020 Rolanda: I'll read it. "And the redundancy situation where roles are being made redundant and different roles are being created," we kind of mentioned that, "and you implement an interview process to fill the new roles, can you open this up to external candidates as well as those at risk of redunda...
This article is listed under the following topics:
Redundancy
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Redundancy Consultation

Posted in: Seamus Says - Employment Law Discussion on 10/01/2020 "If you're about to begin a series of restructures, and the number of employees potentially made redundant could be between 10 to 15, although the number at risk will be over 20. Would this need to be a collective consultation process?" Seamus: The potential is 20? Scott: No, there's 20 employees o...
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Redundancy