Latest in Seamus Says - Employment Law Discussion

Seamus Says - Employment Law Discussion

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Must we agree to put an employee on furlough?

Posted in: Seamus Says - Employment Law Discussion on 07/05/2021 Scott: "We have a member of staff who's refusing to return to work until he's received both vaccines. He has been requested to be paid furlough until then. We have been careful and COVID-free and have not offered furlough. Do we have an obligation to furlough this member of staff?" Seamus: Well, I ...
This article is listed under the following topics:
Coronavirus/Covid-19
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Can we ask staff to let us know if they have been vaccinated, and can we keep a record of this?

Posted in: Seamus Says - Employment Law Discussion on 07/05/2021 Scott: "Can we ask staff to let us know if they have been vaccinated, and can we keep a record of this?"Presumably, there are data protection issues here and highly sensitive information when it comes to medical records and so on. What's the position there, Seamus, about asking staff and trying to ...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Coronavirus/Covid-19
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What do we do if an employee refuses to wear a mask while at work?

Posted in: Seamus Says - Employment Law Discussion on 07/05/2021 Scott: "All employees are required to wear a mask in this organisation. "Occupational Health Service advises that there is no medical reason that an employee cannot do this. However, this employee has anxiety issues. As a result, we've offered a reasonable adjustment of moving to another shift, ena...
This article is listed under the following topics:
Health and Safety Coronavirus/Covid-19
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Can we mandate that employees get the vaccination?

Posted in: Seamus Says - Employment Law Discussion on 07/05/2021 Scott: "We are currently risk assessing for a safe return to work to meet the needs of vulnerable clients, many of whom who are awaiting a return to face-to-face service provision. Whilst our frontline workers provide a direct service to clients, this would not be possible without the support of th...
This article is listed under the following topics:
Health and Safety Coronavirus/Covid-19
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Does the chief executive have the right to view sensitive personal data without an employee’s consent?

Posted in: Seamus Says - Employment Law Discussion on 09/04/2021 "Does the chief executive have the right to view sensitive personal data without an employee's consent even if they are the employee's line manager, for example, the nature of an illness?" Seamus: Yeah, so this is a common occurrence that I would come across just in relation to my own practice and ...
This article is listed under the following topics:
Sickness and Absence Data Protection and Freedom of Information Act
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Is full pay (inclusive of a standard overnight allowance) due when employee is on annual leave?

Posted in: Seamus Says - Employment Law Discussion on 09/04/2021 "We've got HGV drivers and they get net £140 per day inclusive of standard overnight allowance which is approximately net £26.20. When they are on holiday, this allowance is deducted. There may be occasions when they get £140 regardless of the need to sleep over when working. Would this entire full...
This article is listed under the following topics:
Working Time and Leave
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Can we continue to pay a set fee for sleep-in shifts as a result of the recent Mencap case?

Posted in: Seamus Says - Employment Law Discussion on 09/04/2021 We pay a set fee for sleep-in shifts. Does this recent ruling, the Mencap ruling, so we'll take a wee bit on that, mean that we can continue to do that and a secondary one, when it comes to calculating holidays, should the whole time spent on an overnight sleep-in shift be included in hours worked ...
This article is listed under the following topics:
Working Time and Leave
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What is an employer’s obligation to make reasonable adjustments when undisclosed by employee during initial application?

Posted in: Seamus Says - Employment Law Discussion on 09/04/2021 If you have an employee who did not confirm at application that they had the need for any reasonable adjustments but now after a period of one year they need a reasonable adjustment, what is the employer's obligation? Seamus: Well, you know, look, I think that we all ask for potential applicants an...
This article is listed under the following topics:
Discrimination and Equality
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Employee caught breaking lockdown rules on social media, can employer require a COVID test from them before returning to work?

Posted in: Seamus Says - Employment Law Discussion on 09/04/2021 Could it be reasonable, Seamus, for an employer to require an employee to get a COVID test before returning to work where they have been told that the employee was breaking lockdown restrictions over the weekend and it's been reported on social media or seen on social media that that employee's bee...
This article is listed under the following topics:
Coronavirus/Covid-19
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Should the finding in the Asda equal pay case apply to separate but arguably sister companies?

Posted in: Seamus Says - Employment Law Discussion on 09/04/2021 "With regard to the recent Asda case, if an organisation has retail and other divisions including warehousing but the structure is such that they are separate companies, could the Asda finding apply to employees in this separate, but arguably, sister companies?" Seamus: Yeah, well just maybe a bit ...
This article is listed under the following topics:
Discrimination and Equality