Latest in Seamus Says - Employment Law Discussion

Seamus Says - Employment Law Discussion

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Can employers force employees to attend the workplace if they have or have not had the vaccine?

Posted in: Seamus Says - Employment Law Discussion on 05/02/2021 Can employers force employees to attend the workplace if they have or have not had the vaccine?We have one employee who is stating that he will not return to the workplace despite safety measures being in place. Can we take action now? If not, can we insist that vaccinated employees return to the w...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

Multiple self-isolation periods by employee suspected of flouting Coronavirus rules

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 "We have an employee whom we suspect of flouting coronavirus rules, as she's had to self-isolate for coming into contact with someone infected with COVID-19 on four occasions so far". So she keeps meeting people that have the virus. "Do we have to discount this absence or can we include it for abse...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

How best to approach a possible dismissal due to long-term sickness and ill health of an employee

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 "Could you outline how best to approach a possible dismissal due to long-term sickness and ill health of an employee?"Scott: What are the things to keep in mind on how to ensure the dismissal is fair? Clearly, Jaguar didn't get it right in their particular case. Seamus: So the Rumbold/Jaguar Land ...
This article is listed under the following topics:
Dismissal Absence and Sickness
Features

What do you need to include in your statement telling somebody their IR35 status has changed or applies?

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 What do you need to include in your statement telling somebody their IR35 status has changed or applies? Is there any kind of template? Seamus: I haven't come across any templates as yet. It's just not something that I've had to deal with. But I would imagine that there are templates out there in r...
Features

Impact of Brexit on TUPE Regulations and Issues

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 What sort of TUPE changes are speculated, if any? If a company has an upcoming TUPE situation in Northern Ireland, are there any watch-outs? Seamus: Well, TUPE is very complex. There's no doubt about it. I don't think that I've ever had had a TUPE scenario that has been straightforward. As regards...
This article is listed under the following topics:
Transfer Regulations (TUPE) Brexit
Features

Can an employer make or force a staff member to come into work if their job allows them to work from home?

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 Can an employer make or force a staff member to come into work if their job allows them to work from home? Seamus: Well, my reason of the regulations and the guidance is that the employer shouldn't be requiring anyone to come in to the workplace if they can in fact do that job from home. So, if the...
This article is listed under the following topics:
Coronavirus/Covid-19 Remote and Hybrid Working
Features

Who is responsible for determining whether an individual comes under the IR35 regime?

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 Who is responsible for determining whether an individual comes under the IR35 regime? Seamus: This is a broad question. IR35, we can see from the poll there that there remains confusion in relation to the change in the legislation. And that probably has come about from the fact that the proposals w...
Features

Do workers as opposed to employees qualify under the Job Support Scheme?

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 As organisations may have no option but to put employees on furlough as a result of lockdown, do workers as opposed to employees qualify under the JSS? Seamus: So the JSS was the planned replacement scheme for the coronavirus job retention scheme that was due to end in November time. Obviously, the...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

Impact of Brexit on NI Employment Law

Posted in: Seamus Says - Employment Law Discussion on 08/01/2021 What has been the impact of Brexit on employment law in Northern Ireland? Or if none so far, given we're in the early days of exit, what do you envisage the impact will be? Seamus: Well, that's an important point, because while we were all consumed with COVID-19 again over the Christmas period, we ...
This article is listed under the following topics:
Brexit
Features

Employees returning from abroad - can employers ask for proof of return date to ensure self-isolation compliance?

Posted in: Seamus Says - Employment Law Discussion on 03/12/2020 Q: "If an employee travels abroad for Christmas, can you ask of proof of the date they returned so that you can ensure they have self-isolated for 14 days since return?" Seamus: Yes. That's an important question because there will be a lot of travel that will happen over Christmas. The basic positi...
This article is listed under the following topics:
Coronavirus/Covid-19