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First Tuesday Q and A

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Features

GDPR implications of providing employee information in a TUPE situation

Posted in: First Tuesday Q&A NI on 04/06/2019 In a TUPE transfer, the transferor (former employer) must provide the transferee (new employer) with employee liability information in relation to the transferring employees as set out under Regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) This in...
Features

Can an employer disclose a departing employee’s restrictive covenants to their new employer?

Posted in: First Tuesday Q&A NI on 04/06/2019 It is standard course for an employer to notify a departing employee’s new employer of any post-termination restrictions in place. Often this will simply be by cutting and pasting across the relevant sections from the employee’s contract of employment. An employee’s contract of employment wil...
This article is listed under the following topics:
Contracts of Employment Data Protection and Freedom of Information Act
Features

What constitutes “one establishment” for collective consultation purposes?

Posted in: First Tuesday Q&A NI on 07/05/2019 Collective redundancy is a highly contentious issue and we recommend that bespoke legal advice is sought if your business is experiencing a potential redundancy situation. Firstly, an employer who is proposing to dismiss as redundant 20 or more employees at “one establishment” within a period of 9...
Features

Do probationary periods apply to staff members redeployed to a different role within a business?

Posted in: First Tuesday Q&A NI on 07/05/2019 Probationary periods are frequently used for new employees, but also can be applied for those redeployed or promoted within the same organisation. If this is the case, a probationary period needs to be clearly communicated to the employee. This can be done by including a probationary clause in the ...
This article is listed under the following topics:
Contracts of Employment Probation
Features

What processing condition can an employer rely upon under the GDPR when providing a reference?

Posted in: First Tuesday Q&A NI on 07/05/2019 As a starting point, it is necessary to consider what specific personal data will be supplied as part of the reference. For example, if information on the employee’s absence levels is included in a reference and that information comprises information regarding the employee’s health, this will const...
This article is listed under the following topics:
Probation
Features

An employee failed to attend a disciplinary hearing with no reason provided - What should I do?

Posted in: First Tuesday Q&A NI on 07/05/2019 When dealing with an employee who has failed to attend a disciplinary hearing, employers should adhere to the LRA Code of Practice on Disciplinary and Grievance Procedures. As a preliminary point, the employee should have been provided with appropriate advance notice of the hearing, along with copi...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Features

What happens to employee benefits during long-term sickness?

Posted in: First Tuesday Q&A NI on 02/04/2019 An employee's contract of employment may contain express provisions entitling them to be paid, and to receive contractual benefits, during any periods of sickness absence. If there are express contractual terms, these terms should comprise: the duration of any entitlement to sick pay; the rate at...
This article is listed under the following topics:
Sickness and Absence Pay and Conditions of Employment
Features

Does HR have to be involved in Probation Meetings?

Posted in: First Tuesday Q&A NI on 02/04/2019 The purpose of a probationary period is to provide a suitable amount of time for an employer to assess an employee's suitability for their designated role. The length of a probation period will likely depend on the nature and seniority of the role, but a period of 3 – 6 months is commonplace. It is...
This article is listed under the following topics:
Probation
Features

Does an employer have to offer time off in lieu (“TOIL”)?

Posted in: First Tuesday Q&A NI on 02/04/2019 As a starting point, there is no statutory obligation to pay an employee for working above their contracted hours (i.e. overtime), provided that an employee’s average pay meets the national minimum wage or the national living wage in accordance with the National Minimum Wage Act 1998. Please note t...
Features

How will Brexit affect Cross Border Employees?

Posted in: First Tuesday Q&A NI on 02/04/2019 Brexit has triggered massive uncertainty for employers, particularly those in NI due to continued ambiguity surrounding the border with the Republic of Ireland. It is estimated around 23,000-30,000 employees travel between the North and South of Ireland to work. This is possible due to the Common T...
This article is listed under the following topics:
HR Matters NI