Latest in Seamus Says - Employment Law Discussion

Seamus Says - Employment Law Discussion

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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
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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...
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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
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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
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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
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Can employers discourage employees from having informal get-togethers when the pubs & restaurants reopen?

Posted in: Seamus Says - Employment Law Discussion on 03/12/2020 Q: Can we actively discourage employees from having any informal get-togethers when the pubs, or the restaurants, if you like, reopen after the 11th? Scott: This one is for employees who would have met up at some stage at this time of year and get together. Is there anything that employers can do w...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

Can employers insist that employees are vaccinated against COVID-19?

Posted in: Seamus Says - Employment Law Discussion on 03/12/2020 Q: Can employers insist . . . when it is widely available, obviously. We're only just starting next week. But when it's widely available, can they insist that employees are vaccinated against COVID-19? Seamus: Well, this is a good question. You can imagine that there are a number of employers out t...
This article is listed under the following topics:
Coronavirus/Covid-19
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Employment Status of Taxi Drivers

Posted in: Seamus Says - Employment Law Discussion on 03/12/2020 Scott: Cases against Uber seem to be going the drivers' way, but is there a weakness in the argument because taxi drivers have traditionally been self-employed?They've always followed that model. Even though there are people back at base directing them where to go and many now are prepaid and custo...
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Working Abroad Remotely – Implications for Employers

Posted in: Seamus Says - Employment Law Discussion on 03/12/2020 What are the implications of letting employees work from home abroad, i.e., they have gone abroad to visit family and wish to stay and work from home because they don't go into the office? There are various tax rules and regulations there where somebody is working outside the UK. Isn't there, Seamu...
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Remote Working and Custom and Practice

Posted in: Seamus Says - Employment Law Discussion on 03/12/2020 Scott: Could employees establish a permanent change in their contract due to the extent of remote working and the change of their usual contract, as for most it has been in place for a number of months? I think that might be stretching a little bit given that the home-working situation at the mome...