Seamus Says - Employment Law Discussion

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When varying on-call rotas what consultation period should be applied?

Posted in: Seamus Says - Employment Law Discussion on 01/06/2018 When changing on-call rotas to include a wider group of people, what level of consultation would be advisable? Any change impacts on approximately 60 people across the country? Scott: So, presumably that's a variation to terms that would fit into the collective redundancy requirements and so it wou...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures
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What entitlement is there to statutory payments when on garden leave?

Posted in: Seamus Says - Employment Law Discussion on 01/06/2018 If an employee is on garden leave after resignation, so they have resigned and they are on garden leave as opposed to dismissed on garden leave, do we have to pay them for any statutory and/or public holidays accrued during the notice period? Do they get any additional pay at the end of their garde...
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How to deal with employees pattern of absence when on SSP entitlement?

Posted in: Seamus Says - Employment Law Discussion on 01/06/2018 What would be the best way to proceed when you have an employee who uses the 28-week SSP statutory sick pay and then comes back to work until there is no join period again and then goes for another 28 weeks? Scott: Okay. We have somebody here. I supposed it's inferred that somebody is swinging the ...
This article is listed under the following topics:
Sickness and Absence Policies and Procedures
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Should we include stress and depression when using the Bradford Factor?

Posted in: Seamus Says - Employment Law Discussion on 01/06/2018 We include stress and depression in the Bradford Factor. Should this be included to meet a trigger or not? Scott: There's no legal definition of stress, but of course, depression would be one of those areas that would be covered by Disability Discrimination Act 1995 (DDA). Seamus: It can fall in ce...
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Should people be paid for volunteering, induction or work shadowing?

Posted in: Seamus Says - Employment Law Discussion on 01/06/2018 I want to deal now with volunteering and moving into contractual areas. This one has come up as shadowing and induction. Prior to commencing employment, new staff must spend time shadowing existing colleagues and attend a one-day induction session as part of their training. Should that count as wor...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
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Should maternity or disability absence be excluded for bonus calculations?

Posted in: Seamus Says - Employment Law Discussion on 01/06/2018 Should absence related to maternity or disability be excluded in order to achieve a quarterly bonus? Scott: If something happens here. Sticking with discrimination and such, we've got another question here that's come up and it's about bonus and discrimination. We have a quarterly bonus in place. O...
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Is there a consensus on whether disability leave it should be paid?

Posted in: Seamus Says - Employment Law Discussion on 01/06/2018 In relation to disability leave, is there a consensus on whether it should be paid? Scott: That presumably is people who are disabled, they take more time off. Is there a requirement to be paid? Seamus: You would imagine during circumstances where they have put in leave specifically because of thei...
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Subject Access Requests and Disciplinary Records

Posted in: Seamus Says - Employment Law Discussion on 01/06/2018 What information do I have to disclose in a Subject Access Request and can I provide redacted copies of evidence to keep the anonymity of those involved? With all employees now more aware of their rights to access information held on them from GDPR training, I have had a request for a subject acces...
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Do occupational health reports have a special retention period under GDPR?

Posted in: Seamus Says - Employment Law Discussion on 01/06/2018 Would there be a retention period difference between occupational health reports and anything else in the personnel file proposed to hold for six years after the employee leaves that would form an argument from keeping health records separate from the rest of the personnel files? Scott: So, this is...
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What should payment in lieu of notice (PILON) include?

Posted in: Seamus Says - Employment Law Discussion on 04/05/2018 Q: An employee who receives PILON does not receive some of the benefits that they would ordinarily have had had they been asked to work their notice period. Is this a potential issue for an employer? Scott: For example, car allowance, use of vehicle, average overtime that would have been worked, co...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment