Latest in First Tuesday Q and A

First Tuesday Q and A

We’ve found 511 results

Features

Can we still dismiss an employee for an act of gross misconduct which took place several months ago?

Posted in: First Tuesday Q&A NI on 04/05/2021 If you were aware of the alleged act of misconduct at the time and did not initiate an investigation process, this could have potential implications in relation to the fairness of any subsequent dismissal. In order for a dismissal to be fair, it should not only be for one of the potentially fair re...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Features

In terms of “taking account of all the circumstances” before a dismissal for gross misconduct, what issues should we be considering?

Posted in: First Tuesday Q&A NI on 04/05/2021 The relevant factors to consider when deciding whether to dismiss will often depend on the specific facts of the case but, in general terms, employers should usually consider the relevant background to the offence, including previous warnings given to the employee or similar incidents. Length of se...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Features

Do we still need to consider alternatives to dismissal in disciplinary proceedings involving allegations of gross misconduct?

Posted in: First Tuesday Q&A NI on 04/05/2021 Employers should be mindful of their obligation to consider all the circumstances and other options to dismissal (such as final warning or demotion, where the contract allows for this), as a tribunal can still find that dismissal was outside the band of reasonable responses, even where there has be...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Features

What factors should we be considering when determining whether an employee’s behaviour amounts to gross misconduct?

Posted in: First Tuesday Q&A NI on 04/05/2021 What constitutes gross misconduct is a mixed question of fact and law. In general terms, “gross misconduct” connotes the most serious types of misconduct. It must be a fundamental breach i.e. a breach going to the heart of the contract. The misconduct must be gross (i.e. extreme, or abnormal) and c...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Features

An employee has recently resigned in advance of a disciplinary hearing - can we continue with disciplinary proceedings?

Posted in: First Tuesday Q&A NI on 13/04/2021 Fundamentally, if the employment relationship has ended, you cannot compel a former employee to attend any disciplinary hearing. You could of course choose to continue with disciplinary proceedings, but there may be little practical benefit of doing so. A potential situation where the employer may ...
Features

An employee is refusing to return to the workplace due to COVID-19 concerns - what do we need to consider?

Posted in: First Tuesday Q&A NI on 13/04/2021 There are a number of issues you will want to consider when deciding how to deal with this situation, including: what level of national or local restriction applies; the nature of the workplace, and whether any restrictions on opening apply; the nature of the employee’s work, including whether the...
This article is listed under the following topics:
Health and Safety Coronavirus/Covid-19
Features

Does the right to be accompanied apply at a meeting to discuss an occupational health report?

Posted in: First Tuesday Q&A NI on 13/04/2021 An employee has a statutory right to be accompanied (by a trade union representative or a fellow worker) at a "disciplinary meeting" which is defined as a meeting that could result in a formal warning being issued to a worker by the employer; the taking of some other action in respect of a worker b...
This article is listed under the following topics:
Sickness and Absence
Features

How much detail of allegations are we required to give an employee in advance of an investigative meeting?

Posted in: First Tuesday Q&A NI on 13/04/2021 It should be noted at the outset that investigatory meetings are not disciplinary hearings and employers generally have more discretion in terms of the detail that is provided to employees in advance of an investigatory meeting. In general terms, an investigatory meeting is essentially a fact-findi...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

What Are The Potential Discrimination Risks Associated With Requiring Employees To Have The COVID-19 Vaccine?

Posted in: First Tuesday Q&A NI on 02/03/2021 Mandatory vaccination is a topic that has gathered significant attention over the past weeks and months. However, employers should be aware that there is a risk of exposing themselves to discrimination claims if they seek to compel employees to have the vaccine. Employers should familiarise themsel...
This article is listed under the following topics:
Discrimination and Equality Coronavirus/Covid-19
Features

Can An Employer Commence Disciplinary Proceedings Against Employees Who Refuse To Have A COVID-19 Vaccine?

Posted in: First Tuesday Q&A NI on 02/03/2021 Employer could try and argue that requesting employees to have the COVID-19 vaccine amounts to a reasonable management instruction on the basis that it is intended to protect health and safety, and that a failure to comply is misconduct. However, given the nature of the request along with the fact ...