Latest in Seamus Says - Employment Law Discussion

Seamus Says - Employment Law Discussion

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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
Features

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
Features

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 Gender Pay Gap
Features

Making reasonable adjustments for mask exempt employees - refusal to work in individual workspace

Posted in: Seamus Says - Employment Law Discussion on 05/03/2021 Our policy is that all employees must wear masks while at work. One employee cannot wear a mask and we've created an individual workspace for them as a way to keep them and others safe. However, they refuse to work in this space citing loneliness, and have gone off work on stress. How can we handle...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

How should intoxicants in the workplace and remote working be dealt with?

Posted in: Seamus Says - Employment Law Discussion on 05/03/2021 In relation to intoxicants in the workplace and people working remotely, how should it be dealt with?Particularly as the person we have a suspicion of, I think it says, is not face-to-face with the employer. Or sorry, that's wrong. Particularly as the person with the suspicion. So there's a manager...
This article is listed under the following topics:
Policies and Procedures Remote and Hybrid Working
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What is the recommended period for training on equality and diversity matters?

Posted in: Seamus Says - Employment Law Discussion on 05/03/2021 What is the recommended period for training on equality and diversity matters? Seamus: Yeah. Well, this is an interesting case. This was an Employment Appeal Tribunal case, so it has some weight in it that it's not the decision of first instance. But the basics of the case were around race discrimi...
This article is listed under the following topics:
Discrimination and Equality
Features

Are you able to make people redundant whilst they're on the extension to the furlough scheme?

Posted in: Seamus Says - Employment Law Discussion on 05/03/2021 Can you explain what the extension of furlough scheme means and are we able if it's necessary to make people redundant whilst they're on the extension to the furlough scheme? Seamus: Well, look, the good news that we received this week from the budget, there was a bit of a leak of the extension of ...
This article is listed under the following topics:
Redundancy Coronavirus/Covid-19
Features

What are the rules surrounding training of staff on furlough?

Posted in: Seamus Says - Employment Law Discussion on 05/02/2021 What are the rules surrounding training of staff on furlough? Is it reasonable for an employer to request employees to complete training on new systems, etc., on their site whilst they're on furlough? Seamus: Yes, my understanding is that it's always been the position that you could engage in train...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

GB registered company with Northern Ireland office – which jurisdictional employment law applies?

Posted in: Seamus Says - Employment Law Discussion on 05/02/2021 What is the situation regarding a GB registered company that has a Northern Ireland office? As I believe, Northern Ireland is still under EU employment law, and GB is under UK law. I don't know if that's quite the case, but here, Seamus? Seamus: Look, the basics are that if you have an employment c...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
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When can LIFO be used in a redundancy selection in Northern Ireland?

Posted in: Seamus Says - Employment Law Discussion on 05/02/2021 A recent case criticised the employer for using LIFO as a criterion for selection. When can LIFO be used in a redundancy selection, if at all, in Northern Ireland?Let's look for Northern Ireland first. I know you're going to bring in the GB situation and maybe Rolls Royce and so on, but what about ...
This article is listed under the following topics:
Redundancy