Latest in Seamus Says - Employment Law Discussion

Seamus Says - Employment Law Discussion

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How to help an employee suffering from stress when bound by a duty of confidentiality

Posted in: Seamus Says - Employment Law Discussion on 01/03/2019 "We have an in-house occupational health team who offer a confidential counselling service for any employee who is experiencing stress. The problem is that this is a confidential service. There's no communication of the issue to managers or HR who could potentially act to support the employee and p...
This article is listed under the following topics:
Health and Safety Policies and Procedures
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Should employers offer time in lieu if employees don't have contracted overtime payments?

Posted in: Seamus Says - Employment Law Discussion on 01/03/2019 Q: Should an employer be offering time in lieu if they do not have contracted overtime payments, or not if you stay within the 48-hour maximum? Seamus: Usually, the contract of employment will set out what the position is on that. A lot of contracts will say, "We will offer you employment . . ." So...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave
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Should employees be paid for additional time taken to prepare for their shift?

Posted in: Seamus Says - Employment Law Discussion on 01/03/2019 Q: Should employees be paid for time taken to prepare for their shift, namely, to change their shoes? Scott: "The company manufacturing quality process requirement is that shop floor employees must wear special shoes, which cannot be worn outside before entering the shop floor. There are various el...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave
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Overtime: How can employers protect themselves following the Federacion case?

Posted in: Seamus Says - Employment Law Discussion on 01/03/2019 "As a Northern Ireland company, most of our staff work overtime. How can we protect ourselves in light of the recent Federacion case?" Scott: I suppose it's the same thing. You keep the records. You prove that people haven't been working over 48 unless they've opted out and so on. Seamus: Yeah. Kee...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave
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Are employers breaching WTD if they don’t keep records of actual daily working time?

Posted in: Seamus Says - Employment Law Discussion on 01/03/2019 Q: Are employers in breach of the WTD if they don’t keep records of actual daily working time? Scott: This question refers to the Spanish case of Federacion . . . I will not go through the rest. "Advocate General Pitruzzella has given an opinion that, under the EU Charter of Fundamental Rights and ...
This article is listed under the following topics:
Working Time and Leave
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The Hermes ‘self-employed plus contract’ has no basis in law. How can this be imposed lawfully?

Posted in: Seamus Says - Employment Law Discussion on 01/03/2019 Q: Hermes have introduced a ‘self-employed plus contract,’ a category that has no basis in law. How can the unions and management lawfully do this? Scott: We’ve received a question that reads: "I read about the Hermes deal with the GMB union, where drivers can elect to receive guaranteed hours at m...
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Can we introduce a GPS tracking system for employees who use company vehicles?

Posted in: Seamus Says - Employment Law Discussion on 01/03/2019 "Can a company introduce a vehicle management system, i.e. a GPS tracking, of its employees who have personal use of their company vehicles without having an agreed policy in place? How long can information gathered by GPS trackers be stored for?" Seamus: Okay. So, we have two aspects to the questi...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Policies and Procedures
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Dealing with inappropriate comments made by line manager to pregnant employee

Posted in: Seamus Says - Employment Law Discussion on 01/02/2019 Q: I’m currently six months’ pregnant. My line manager has made inappropriate comments about medical appointments and going home early. How should I deal with this? Seamus: Yeah. I think these are the ones that we see in the headlines, more often than not, the shocking comments that get said to wom...
This article is listed under the following topics:
Disciplinary and Grievance Issues Discrimination and Equality
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Employee Performance Issues and Mental Health

Posted in: Seamus Says - Employment Law Discussion on 01/02/2019 Okay. We have another question here, still on performance issues. “We have an employee whose role is primarily customer service-oriented that’s been displaying behavioural issues in the workplace along the lines of vocalising their frustrations about customers.” Who’s ever done that? “And displayin...
This article is listed under the following topics:
Disciplinary and Grievance Issues
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Dealing with an employee's fluctuating performance levels

Posted in: Seamus Says - Employment Law Discussion on 01/02/2019 Q: I’ve got an employee whose performance improves for a month or two, but inevitably drops back to an unacceptable level. How do I deal with that? Seamus: That’s a classic situation that arises, where you crack the whip a little bit with an employee. They perform and whenever the stress of it all ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures