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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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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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
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Is an employee entitled to paid annual leave whilst suspended from work?

Posted in: Seamus Says - Employment Law Discussion on 07/09/2018 Q. “An employee been suspended for three months. Are they still entitled to paid annual leave? The employee was suspended for three months. The investigation went no further. They had five nights annual leave, booked during the suspension, but not go away. Are they entitled to reclaim these nights?...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
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Working Time and Accessing Emails Outside of Working Hours

Posted in: Seamus Says - Employment Law Discussion on 07/09/2018 Q. "Our employees regularly access emails through their personal devices from home outside of their normal working hours. I understand there is a recent Irish decision, it's a Labour Court decision of Kepak against Grainne O'Hara, and it's around working time and emails outside of office hours." Sc...
This article is listed under the following topics:
Working Time and Leave
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Interpersonal disputes and employees keeping records/dairy entries

Posted in: Seamus Says - Employment Law Discussion on 07/09/2018 Q. We have got two employees who don’t get on and one employee has been keeping a diary for nine months. What can we do about this? Scott: "We've got two employees, both quite senior, a male and a female. The male is the more senior manager, and they don't get on. The style is quite abrupt, and the...
This article is listed under the following topics:
Disciplinary and Grievance Issues Recruitment and Selection
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What is 'reasonable alternative employment' in a redeployment situation?

Posted in: Seamus Says - Employment Law Discussion on 07/09/2018 Q. An employer has two sites but there's a big 15-mile difference. Would this be considered to be reasonable alternative employment in a redeployment situation? Scott: Another question on the Primark fire situation, concerning all those businesses around the exclusion zone at the moment. They can't...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment
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Redundancy, Consultation and 'At Risk' Employee on Sick Leave

Posted in: Seamus Says - Employment Law Discussion on 07/09/2018 We have advised one employee that they are at risk of redundancy and they have now gone off on sick leave. Can we continue with the consultation process? Scott: Okay. Well, come to the other businesses that are cut off because of the exclusion, but I've got a question coming here. It says, "We hav...
This article is listed under the following topics:
Redundancy and Reorganisation Sickness and Absence