Latest in Seamus Says - Employment Law Discussion

Seamus Says - Employment Law Discussion

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Redundancy Payment Limits

Posted in: Seamus Says - Employment Law Discussion on 04/10/2019 Does a statutory redundancy payment contribute to the £25,000 cap on breach of contract claims that you can take to an industry or an employment tribunal? Seamus: I have ever come across is this on a personal basis in any of my work where this has arisen, and on first blush, I was sort of very clea...
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Redundancy and Reorganisation Pay and Conditions of Employment
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Whistleblowing Dismissal or Breach of Contract?

Posted in: Seamus Says - Employment Law Discussion on 04/10/2019 We found out that an employee was trying to build a case against us alleging financial wrongdoing in our business. It was complete breach of trust, so we dismissed her. She's now alleging she was dismissed for whistleblowing. How can this be correct? Firstly, she hadn't lodged a complaint or inform...
This article is listed under the following topics:
Unfair Dismissal Whistleblowing (Protected Disclosures)
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Dealing with New Evidence Arising at an Appeal Hearing

Posted in: Seamus Says - Employment Law Discussion on 06/09/2019 After dismissing an employee, the employee introduced new evidence at the appeals stage involving their disability. It's the first time we've heard of this alleged disability. To be frank, we're not even sure one exists. But assuming it's genuine, do we have to take it into account?" It's not a ver...
This article is listed under the following topics:
Policies and Procedures
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Can employers take disability and maternity-related absence into account when calculating an individual’s bonus payments?

Posted in: Seamus Says - Employment Law Discussion on 06/09/2019 We run a performance-related bonus scheme for all employees based on employee attendance as well as company performance, effectively a profit-share scheme for all staff. Absences are taken into account. So if you don't join the company until the 1st of July, you may only receive or earn 50% of any ...
This article is listed under the following topics:
Policies and Procedures Pay and Conditions of Employment
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Impact of Lee v United Kingdom Case to ECHR

Posted in: Seamus Says - Employment Law Discussion on 06/09/2019 Scott: We're going to move on to the gay cake case which was known as Colin McArthur, Karen McArthur & Ashers Baking Company Ltd v Gareth Lee [2018]. The Lee and Ashers has been referred to the European Court of Human Rights. How is this different to the case, taken to the UK Supreme Court, and...
This article is listed under the following topics:
Human Rights
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An employee is required to make ad hoc business journeys for which we repay in business mileage, must they have business cover on their car insurance?

Posted in: Seamus Says - Employment Law Discussion on 06/09/2019 If an employee does not normally use their car for business purposes but they are required to make ad hoc journeys for which we repay in business mileage, for example, to obtain training or to work in a location they do not normally work in to provide cover, do they need to have business cover on t...
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Do IR35 Rules only apply to contractors and workers in case they're third party? We employ the services of locums, who are self-employed. Does it apply in that case?"

Posted in: Seamus Says - Employment Law Discussion on 06/09/2019 Seamus: Hopefully, I'll be able to give some clarification. I guess it is very complex and it's certainly not one of the lighter topics that you would be looking at. But just by way of background, IR35 was originally brought in in 2000 and it was designed essentially to assess whether a contractor ...
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Does Regulation 20(4) of the Working Time Regulations (Northern Ireland) 2016 affect the ability to bring a breach-of-contract claim for holiday pay or overtime?

Posted in: Seamus Says - Employment Law Discussion on 06/09/2019 Seamus: Yes, the background to this clarification comes from, you know, we covered holiday pay in detail in both our July and our August webinars. And the August one, there was a query in and around the ability then for time limits to bring claims and the three-month time limit applying in the Trib...
This article is listed under the following topics:
Working Time and Leave
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Calculating Pay During Suspension

Posted in: Seamus Says - Employment Law Discussion on 02/08/2019 Scott: This question is about calculating pay during suspension. Could I seek a view on paying staff regular overtime whilst on precautionary suspension? Scott: So presumably there's been some kind of disciplinary reference and you've put the person off work whilst you investigate. So what's your v...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment
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Specifying working hours on a contract of employment

Posted in: Seamus Says - Employment Law Discussion on 02/08/2019 Is it necessary to specify working hours on a contract of employment? For example, daily hours of work as required although a guideline is 8:00 to 18:00 and during the weekend as required although as a guideline you will be expected to work 1 weekend in 3. However, you must be prepared to work ever...
This article is listed under the following topics:
Contracts of Employment