Latest in Seamus Says - Employment Law Discussion

Seamus Says - Employment Law Discussion

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Which wage deductions are lawful and would not constitute a breach of NMW?

Posted in: Seamus Says - Employment Law Discussion on 07/06/2019 What deductions from pay that could potentially bring pay below the national minimum wage, other than tax and national insurance, which are lawful and would not constitute a breach of the national minimum wage? Scott: I think this goes back to Iceland and other cases that have been reported in the...
This article is listed under the following topics:
Pay and Conditions of Employment
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Are we obliged to pay employees during phased return to work?

Posted in: Seamus Says - Employment Law Discussion on 07/06/2019 We are reviewing our sickness policy and are addressing phased returns to encourage employees back to work. In order to make this mutually beneficial, we want to ensure that it's financially viable for employers to engage in phased returns, but are unsure what, if any, financial obligations we have...
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CCOU v Deutsche Bank – Impact for Northern Ireland Employers

Posted in: Seamus Says - Employment Law Discussion on 07/06/2019 What is the likely impact for Northern Ireland employers of the CJEU working time case, Federación de Servicios de Comisiones Obreras, which is CCOO, and that's a Spanish trade union, against Deutsche Bank. And the case reference if you want it, folks, is C55/18. Seamus: I mean, I think actually in...
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Redundancy and Fixed Term Contracts

Posted in: Seamus Says - Employment Law Discussion on 15/05/2019 Where there is a fixed term contract covering a career break, which exceeds one year. At the termination of this contract, is the person entitled to redundancy? Scott: Well, having been there two years. Even though the post is not redundant, but the person is redundant. Presumably, it is a dismissa...
This article is listed under the following topics:
Redundancy and Reorganisation Pay and Conditions of Employment
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Data Protection Impact Assessments

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 Should employers conduct a DPIA if there is merely the potential for the processing of personal data and processing is ancillary to the main activity? Scott: We'll maybe skip on the question there, Hannah, because we have a question in about DPIA, Data Protection Impact Assessments, and it kind of ...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
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Should all HR processes be documented for GDPR purposes?

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 Scott: All HR processes that involve personal information or information that might identify an individual should be documented and certainly risk assessed. Seamus: Yes. Absolutely. It's part of your audit that you're carrying out, and you shouldn't just do an audit last year whenever the regulatio...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Policies and Procedures
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Redundancy Consultation and Pay Cuts

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 If, during a consultation for redundancy, 10 employees agree to a pay cut to avoid job losses, but one employee does not agree, so there are 11 employees in total, can I select that person who stands out for redundancy? Seamus: The short answer is no, absolutely not. And I think if you think around...
This article is listed under the following topics:
Redundancy and Reorganisation Pay and Conditions of Employment
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Must commission be factored in when calculating redundancy payments?

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 Does commission need to be factored in when calculating redundancy payments? Seamus: Well, this is another interesting one because there can always be a view taken whenever you're looking at redundancy that you're calculating the standard statutory position. So you go online and you work out what t...
This article is listed under the following topics:
Redundancy and Reorganisation Pay and Conditions of Employment
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GDPR and Obtaining Consent for Employment Reference Checks

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 Should employers obtain signed consent from prospective employees when checking references? If so, when is the best time to do this? Seamus: This has come around because now we've got GDPR in place and everybody is very concerned and uptight and thinking that we need consent for everything - "we ne...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Recruitment and Selection
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Can an employee on maternity leave be made redundant?

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 If a redundancy situation arises and the post-holder is on maternity leave, can they be made redundant? Seamus: So, yes, you can make someone redundant that's on maternity leave. But if you're making that person redundant because they're pregnant or they're on maternity leave, then that will be dis...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality