What are the Different Types of Discrimination in Northern Ireland?

Posted in: First Tuesday Q&A NI on 04/10/2022 There are a number of different types of discrimination. Direct discrimination is where an employee is treated less favourably by their employer on the basis of a protected characteristic. Examples of protected characteristics are age, sex, race, sexual orientation, disability, religious belief or ...

How Do I Comply With Fair Employment Monitoring While Using CV’s?

Posted in: First Tuesday Q&A NI on 04/10/2022 I know that the Equality Commission would recommend application forms but many organisations just use CV’s for recruitment now so it’s about perhaps giving a steer as to how to capture the monitoring data. For example, many companies who have an online application portal will collect the data at t...

Closure Date for Recruitment Exercise: Must We Legally Comply With This?

Posted in: First Tuesday Q&A NI on 04/10/2022 If an organisation sets a date for receipt of applications for say example, 2 weeks, but finds a great candidate in week 1 – what are the issues associated with not adhering to the 2 week closure date? It would be unlikely for there to be any legal repercussions if an employer wishes to close a se...

What Are an Employer’s Obligations to Employees Undergoing IVF Treatment?

Posted in: First Tuesday Q&A NI on 06/09/2022 Currently, there is no legal right for time off work for fertility treatment, but any sickness should be treated like any other sickness if unable to work. There are pregnancy rights once you have had the last part of the IVF process (embryo transfer) and might become pregnant. At the moment the UK...

Cosmetic Surgery v Medical Surgery – What Are An Employee’s Rights?

Posted in: First Tuesday Q&A NI on 06/09/2022 There is no requirement to refer to cosmetic surgery within a company's sickness policy or staff handbook, so it is for the employer to decide whether to include it at its own discretion. However, there are benefits for employers providing clarity on how they will deal with time off for cosmetic su...

Rights For Transgender Or Non-Binary Employees – What Are an Employer’s Obligations?

Posted in: First Tuesday Q&A NI on 06/09/2022 There are specific anti-discrimination rights for those in the LGBTQ+ community in the Sex Discrimination (Northern Ireland) Order 1976. Under this legislation, if an employee is absent as a result of undergoing gender reassignment, an employer cannot treat this absence any less favourably than any...

Who Has Right To Request Occupational Health Meeting - Employee Or Employer?

Posted in: First Tuesday Q&A NI on 06/09/2022 The requirement to attend an occupational health meeting will depend on what an employee’s contract states and what the employee handbook recommends. Occupational health meetings are an effective method for managing long term sickness absence with an employee. They can also be used to safeguard aga...

Who Can Make a Flexible Working Request?

Posted in: First Tuesday Q&A NI on 02/08/2022 Qualifying employees (being those who have worked for 26 weeks continuously) are entitled under Northern Irish Law to make a flexible working request to their employer. This request can be in relation to their working hours, working times, place of work or any other aspect of the terms of condition...

What Is the Difference Between a Worker And An Employee?

Posted in: First Tuesday Q&A NI on 02/08/2022 Anyone who receives payment for work or services may not necessarily fall under the category of an employee. An individual may alternatively qualify as a ‘worker’ or ‘self-employed’. Your employment status will determine the level of rights that you are entitled to and the taxes you will pay. Under...

Is There a Maximum Working Temperature For Employees?

Posted in: First Tuesday Q&A NI on 02/08/2022 Under Northern Irish Law, there are no set maximum or minimum working temperatures for employees. Employers are legally required to keep the temperature inside buildings ‘reasonable’. Further, thermometers should be displayed throughout the workplace to enable employees to determine the temperature...