Seamus Says - Employment Law Discussion

We’ve found 111 results

Features

Can you explain non-ET1 agreements and what are the main features of conciliation?

Posted in: Seamus Says - Employment Law Discussion on 08/08/2018 Q: "Can you explain non-ET1 agreements and what are the main features or benefits of conciliation?" Seamus: The usual process is that you would contact the Labour Relations Agency, and you would advise them that you're at the stage where you're wanting to enter into a non-ET1 agreement. The Labour ...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

What is a compromise agreement and what are the benefits?

Posted in: Seamus Says - Employment Law Discussion on 03/08/2018 Q: "What requirements must be adhered to for a compromise agreement to be viewed as a legally binding document, and what are the advantages of such agreements?" Seamus: So compromise agreements are essentially an agreement between the employer and the employee. The compromise agreement will genera...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

Must a whistleblowing complaint be in writing?

Posted in: Seamus Says - Employment Law Discussion on 03/08/2018 Q: "Is there anything in law that a whistleblowing complaint must be in writing or that an employer need not investigate a complaint unless it's in writing. Secondly, I know that whistleblowing should not be the method of reporting a personal complaint of harassment, but what are your thoughts on e...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)
Features

An employee has gone off sick with stress on initiation of disciplinary proceedings. Can we proceed anyway?

Posted in: Seamus Says - Employment Law Discussion on 03/08/2018 Q: "If we suspend someone pending a disciplinary or if they go home at the start of an investigation and claim the whole issue has stressed them and they obtain a medical certificate for work-related stress, how long before we can force the issue and proceed anyway?" Scott: That's typical. Somebod...
Features

An employee has raised a complaint on their last day. Is this a grievance?

Posted in: Seamus Says - Employment Law Discussion on 03/08/2018 Q: "Can you advise on an employee who has left employment raising a complaint on their last day of employment?" Does that count as a grievance and how should we handle this? Seamus: Well, it may well as a grievance. It may not be something that's related at all to their personal working issues. It ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Features

Is there a duty to address a personal conversation that took place at a colleague's leaving do under company policies, or can it be kept private?

Posted in: Seamus Says - Employment Law Discussion on 03/08/2018 Q: "I am an HR manager in a small organisation and attended a colleague's leaving do one evening. During the course of the evening, another employee became particularly upset and disclosed information to me about her personal life and a grievance which she had a formerly raised. Do I have a duty to...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Features

How will police involvement impact an internal investigation?

Posted in: Seamus Says - Employment Law Discussion on 03/08/2018 Q: "How will police involvement impact an internal investigation? Scott: "An employee had only been with the company for a few days, met a non-employee on a site. The two had some history and an unresolved dispute, which has no relevance to the current employment. Words were exchanged, and it becam...
Features

Does an employee have any legal challenge to a variation of duties?

Posted in: Seamus Says - Employment Law Discussion on 03/08/2018 We are conducting a review of job descriptions (that include a flexibility clause) and wish to vary the duties of an employee. Do they have any legal challenge to this variation? Scott: "My organisation is commencing a review of the job descriptions of a small department due to two vacancies becomi...
Features

What is the minimum a company should do when dismissing someone still on probation?

Posted in: Seamus Says - Employment Law Discussion on 06/07/2018 Q: What is the minimum a company must observe in terms of our obligations when dismissing somebody who is within their probationary period? Scott: There is this idea that because it's probation and less than a year of service, or they have less than a year of service, there is no obligation to prov...
This article is listed under the following topics:
Unfair Dismissal Probation
Features

What are the dangers of garden leave following an internal investigation?

Posted in: Seamus Says - Employment Law Discussion on 06/07/2018 Q: An employee was asked to attend an investigation meeting, but tendered his resignation before this could start. He was quite militant. During a follow-up meeting, he refused to sign the minutes of the meeting. We accepted it and gave him garden leave for his two weeks' required notice, as per t...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment