Latest in Seamus Says - Employment Law Discussion

Seamus Says - Employment Law Discussion

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How long should a written warning be kept on file?

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 Can you advise what is deemed to be a reasonable amount of time for a first formal written warning on an employee record? Is 12 months deemed excessive? Seamus: Well, basically, there's no set timeframe that you should put down for your warnings. What we do generally look through is that LRA Code ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Features

Data Protection – Emailing Sensitive Data

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 Is there any recommendation for human resources in relation to sending information via email? Scott: It depends on the confidentiality, the sensitivity of the information. Seamus: Absolutely. And, you know, the potential for human resource managers are that you're going to have medical records and...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
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Mistakes in disciplinary/grievance processes – what recourse is available?

Posted in: Seamus Says - Employment Law Discussion on 03/05/2019 If a panel, either a grievance or a disciplinary panel, makes a mistake, which is discovered after the outcome letter has been sent to the employee, what recourse does the employee have to reconvene the panel to correct the mistake? And this could be because they perhaps strayed outsi...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Features

What are the general rules about a late application to an industrial or a fair employment tribunal?

Posted in: Seamus Says - Employment Law Discussion on 05/04/2019 "I think I have a claim of age discrimination against a former employer. I was denied a promotion a couple of years ago, and have since left the company. New information has come to light, and I think I should take a claim, but I’m outside the normal three-month time limit here. Could you explain t...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Features

The Scope & Employer Responsibilities Related to A1 Certification and Postings in Europe

Posted in: Seamus Says - Employment Law Discussion on 05/04/2019 This question is in relation to the A1 certification on postings in Europe. "I would be interested in a quick summary of the scope and employer responsibilities related to A1 certification and postings in Europe. We have a large number of employees who travel to Europe and beyond for business trave...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
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Should employers offer TOIL if they don't have contracted overtime payments?

Posted in: Seamus Says - Employment Law Discussion on 05/04/2019 Should an employer be offering time in lieu if they do not have contracted overtime payments within the contract? Or does it not matter if you stay within the 48-hour maximum working week, unless somebody is contracted out of that? Seamus: I think this is based on one of the questions that we had l...
This article is listed under the following topics:
Policies and Procedures Pay and Conditions of Employment
Features

It is reasonable for an employer to use vehicle tracker data to investigate potential misuse without having a specific policy in place?

Posted in: Seamus Says - Employment Law Discussion on 05/04/2019 We dealt with company vehicle tracking last month, but we've got another question coming in following on from that discussion. "Specific policy or procedure is not in place, but employees have been made aware of the tracker on the vehicle for business purposes. A concern was raised with regards to ...
This article is listed under the following topics:
Policies and Procedures
Features

Does a final written warning on an employee file adjust after TUPE transfer?

Posted in: Seamus Says - Employment Law Discussion on 05/04/2019 Does the level of a final written warning on an employee file adjust because of a TUPE transfer? So, in this TUPE situation, details of an absence and live disciplinaries are communicated to the receiving company in advance of the transfer. Once the transfer takes place, does the warning level tran...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
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Must employees sign a harmonisation of contracts letter under TUPE without seeing new Terms & Conditions?

Posted in: Seamus Says - Employment Law Discussion on 05/04/2019 "The organisation I work for was TUPE'd to an English employer last April. It was agreed recently that terms and conditions were to be harmonised from the 1st of April this month 2019. Letters have now been sent out to employees asking them to sign a letter agreeing to the new Ts and Cs without sig...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

Can employers use 'lack of culture fit' as a valid reason for not employing someone?

Posted in: Seamus Says - Employment Law Discussion on 01/03/2019 Can employers use 'lack of culture fit' with the organisation as a valid reason for not employing someone, even if they meet all the other criteria for the role? How do employers avoid a discrimination claim in this sense?" Scott: This question relates to recruitment and selection, it's a very cle...
This article is listed under the following topics:
Recruitment and Selection