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Seamus Says - Employment Law Discussion

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Does an employee have rights while off on certified sick leave?

Posted in: Seamus Says - Employment Law Discussion on 05/10/2018 I am currently out on certified work-related stress. However, within one week, I received a letter from the HR department and this week, I received an email from the company director looking to meet me or take a call. This contact is making me more anxious and I thought being out on certified sick ...
This article is listed under the following topics:
Sickness and Absence
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Can an employer be held liable for allowing employees to work too many hours?

Posted in: Seamus Says - Employment Law Discussion on 05/10/2018 Q: If an employee opts out of the 48hour working week, can an employer be held liable for allowing them to work too many hours? Scott: So, in this situation, employees have opted out. They are working more than 48 hours a week but the employer is concerned they may be doing too many hours and is th...
This article is listed under the following topics:
Health and Safety Working Time and Leave
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Are employers entitled to retract enhanced holiday pay?

Posted in: Seamus Says - Employment Law Discussion on 05/10/2018 Q. Are employers entitled to retract enhanced holiday pay? Scott: An employer has two types of workers - some of them work five days a week, some of them work three days a week. There is an enhanced holiday entitlement for long service. What seems to have happened is that the ones working three day...
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Can the employer dismiss an employee during the probationary period without warning?

Posted in: Seamus Says - Employment Law Discussion on 05/10/2018 Q: Can you get rid of an employee during probation without warning or reason or do you have objectives, support and cautions? Scott: Okay. We'll take one last question and then we'll have to go, folks. It comes up quite a lot and it's on probation, which is the most searched for item on our website...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures Probation
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If redundancies are likely in Factory A, can the employer transfer employees to Factory B?

Posted in: Seamus Says - Employment Law Discussion on 05/10/2018 Q: If there is the potential for redundancies in Factory A, can the employer transfer employees to Factory B? Scott: This question involves two factories. They're about 25-30 miles apart and there are production level differences. It's really a question of if the redundancies have to come in or cut...
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Home working - what are the legal obligations for employers?

Posted in: Seamus Says - Employment Law Discussion on 05/10/2018 Q: I am seeking legal obligations for UK employers wherein an employee requests to work at home full-time and this is granted. In the UK are things like desks, furniture, internet, etc., obliged to be paid for by the employer even in the circumstances where this home working arrangement is at the r...
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An employment lawyer's thoughts on ethics online reporting

Posted in: Seamus Says - Employment Law Discussion on 05/10/2018 Q. What are your thoughts on ethics online reporting system, whereby employees can report, for example, harassment anonymously? Seamus: Well, this is, again, interesting. We don't know what the circumstances are for certain individuals in terms of why they wouldn't want to bring a grievance. Maybe ...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)
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Whistleblowing - the law in NI regarding without prejudice conservations?

Posted in: Seamus Says - Employment Law Discussion on 05/10/2018 Q: Can you clarify the law in NI regarding without prejudice conservations? Seamus: Yeah. Well, maybe just before that, I'd maybe just mention that I suppose, my advice tends to be in those circumstances where you have the holiday issues arising, it's maybe a little tricky from the employer's side,...
This article is listed under the following topics:
Working Time and Leave Whistleblowing (Protected Disclosures)
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If an employee resigns receiving PILON, is the employer obliged to pay holiday pay?

Posted in: Seamus Says - Employment Law Discussion on 05/10/2018 Q. We have an employee who is leaving the public sector and is being paid three months in lieu of notice plus pension entitlement for the notice period. He had a without prejudice meeting to agree this—we'll maybe discuss the lawfulness of without prejudice meetings in Northern Ireland—but anyway h...
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Can an employer use social media posts as evidence of employee behaviour?

Posted in: Seamus Says - Employment Law Discussion on 07/09/2018 Q. Can employers rely on evidence obtained from social media to verify an employee's dishonest behaviour? Scott: I don't know what the dishonest behaviour happens to be here, but something spotted on Facebook with contraband, or maybe their dishonesty is just that they say they were sick and they'r...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures