Latest in Seamus Says - Employment Law Discussion

Seamus Says - Employment Law Discussion

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I have a member of staff on long-term sick leave, can I furlough them?

Posted in: Seamus Says - Employment Law Discussion on 06/11/2020 Seamus: Yes, the guidance provides the option for the employer to furlough someone that is in long-term sick leave. And there's a discretion for the employer to do that within the guidance.
This article is listed under the following topics:
Absence and Sickness Coronavirus/Covid-19
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What's the updated position in relation to the furlough scheme - are new agreements required?

Posted in: Seamus Says - Employment Law Discussion on 06/11/2020 Seamus: Just as I thought we were going to have to not talk about furlough any longer after talking about it from March time. Yeah, we've now got the position where Saturday night the Prime Minister announced an extension to furlough and that initial extension was really following on from the lockd...
This article is listed under the following topics:
Coronavirus/Covid-19
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Taking disciplinary action against an employee breaching COVID-19 restrictions outside work

Posted in: Seamus Says - Employment Law Discussion on 06/11/2020 Q: Are we within our rights to take disciplinary action against an employee who is breaching the COVID restrictions whilst they are not at work? Scott: "We employ care assistants and have informed them that we expect them to act in an appropriate manner in line with the restrictions so as not to pu...
This article is listed under the following topics:
Discipline and Grievance Coronavirus/Covid-19
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Neurodiverse Employees - Data Protection Implications

Posted in: Seamus Says - Employment Law Discussion on 02/10/2020 Scott: We have complaints from colleagues of a particular staff member whom we are aware has Asperger's Syndrome that's difficult to work with and not much of a team player. How do we handle this while not disclosing their neurodiversity? Which I'm assuming here that they've said they don't want to...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
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Adjusting Recruitment Procedures for Applicants with a Neurodiverse Condition

Posted in: Seamus Says - Employment Law Discussion on 02/10/2020 Scott: Do you have any guidance or advice as to how an employer can adjust their recruitment processes to help attract or support people with neurodiverse conditions, particularly at the moment where everything is working from home? So have you had any experiences there where people . . . people ar...
This article is listed under the following topics:
Policies and Procedures Recruitment and Selection
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Employee with Undisclosed Neurodiverse Condition - Employer Implications

Posted in: Seamus Says - Employment Law Discussion on 02/10/2020 Scott: So what are the implications for employers if the information is held from them by the employee and they don't know that somebody is autistic or whatever it happens to be on the neurodiverse range? And what difficulties might an employer have if it comes to other employees who have difficult...
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Providing Support for Remote Workers with a Neurodiverse Condition

Posted in: Seamus Says - Employment Law Discussion on 02/10/2020 Scott: So are there things that you're aware of that employers might have done to help neurodiverse employees when the world is turned upside down and they're working from home and they don't have those supports? Louise: Yeah, definitely. And actually, what we have found is around the March and Apr...
This article is listed under the following topics:
A-Typical Working
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Employers Legal Duties for Employees with a Neurodiverse Conditions

Posted in: Seamus Says - Employment Law Discussion on 02/10/2020 Scott: So could you maybe explain in general what the duties are when it comes to applicants or employees with neurodiverse conditions and what this whole reasonable adjustment element is about? Seamus: Well, the protection essentially is enshrined in the Disability Discrimination Act of 1995. I kn...
This article is listed under the following topics:
Recruitment and Selection
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Redundancy Selection

Posted in: Seamus Says - Employment Law Discussion on 11/09/2020 Scott: "If someone hit the company's absence trigger, would you have to exclude occasions that were due to self-isolation?" Seamus: Yeah, look, my thoughts on that would be that there should be a policy by the company or by the employer, ideally a written policy, in relation to how they're going to...
This article is listed under the following topics:
Redundancy
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Disciplinary Action During Furlough

Posted in: Seamus Says - Employment Law Discussion on 11/09/2020 Scott: "Can I discipline someone who is still on furlough? I have apprentices who were paid full pay for the time that they continued their online learning up until the end of June. They were told that they would face disciplinary action if they did not engage in the learning once a review was comp...