First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

Should an internal disciplinary procedure be applied to an employee who is on probation?

Posted in: First Tuesday Q&A NI on 04/11/2019 The probationary period provides a suitable amount of time to an employer to be able to assess an employee before confirming continued employment. Probationary periods generally last between three to six months. An employee’s contract will usually provide that, during the probationary period, emplo...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues

Can a letter setting out reasons for dismissal be issued by email?

Posted in: First Tuesday Q&A NI on 04/11/2019 Under Article 124 of the Employment Rights (Northern Ireland) Order 1996, an employee is entitled to request a written statement giving particulars of the reasons for their dismissal if they were in continuous employment for a period of a year or more. An employee is automatically entitled to writt...

Should we be providing employees with a copy of a referral letter to occupational health (“OH”)?

Posted in: First Tuesday Q&A NI on 04/11/2019 A referral to OH may be suggested by an employer who has concerns about an employee’s health and ability to perform their job as a result of their health. An employee may be referred for assessment where there: (a) is concern that they have work-related health problems; (b) may be underlying ...
This article is listed under the following topics:
Sickness and Absence

We have a former employee who has claimed unfair dismissal. Our solicitor is arguing that they have failed to mitigate their loss – what does this mean?

Posted in: First Tuesday Q&A NI on 04/11/2019 Article 76(4) of the Employment Rights (Northern Ireland) Order 1996 places a duty upon a claimant to mitigate their losses following dismissal, for example, by making effort to obtain new employment or by claiming state benefits. An employee cannot recover compensation for any part of their loss(e...
This article is listed under the following topics:
Unfair Dismissal

If a member of staff leaves the Company but then re-joins the next year on a new contract of employment, does the Company need to carry out a full induction programme with them again?

Posted in: First Tuesday Q&A NI on 01/10/2019 As a general rule, it is important that all businesses, regardless of size, should have a thorough induction programme to provide employees with all the information they need before commencing the job. The induction programme should reflect the complexity of the job in question and help employees a...
This article is listed under the following topics:
Contracts of Employment

What is the timeframe for exercising a right to paternity leave? What if paternity leave cannot be taken within the timeframe?

Posted in: First Tuesday Q&A NI on 01/10/2019 The statutory entitlement of one or two consecutive weeks’ leave (known as ordinary paternity leave) must be taken between the date on which the child is born or placed with the adopter and 56 days after that date. However, if the child is born before the first day of the expected week of its birth...
This article is listed under the following topics:
Working Time and Leave

Can prescribed information under the ERO 1996 be given via email in a collective redundancy situation?

Posted in: First Tuesday Q&A NI on 01/10/2019 Where an employer is proposing to dismiss as redundant 20 or more employees within any period of 90 days or less, it has statutory obligations to: (a) inform appropriate representatives; (b) consult appropriate representatives; and (c) notify the Department for the Economy. Art 216(6) of th...
This article is listed under the following topics:
Redundancy and Reorganisation Collective and Trade Union Issues

Can an employer insist on an employee using holiday entitlement during their notice period when on garden leave?

Posted in: First Tuesday Q&A NI on 01/10/2019 The employment contract continues to subsist during any period of garden leave. Therefore, the employer must continue to: Perform all the terms of the contract. Pay salary at the normal time. Provide all other contractual benefits, such as medical and pension benefits and company car. Allow the em...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

Do we need to pay employees for time spent on rest breaks?

Posted in: First Tuesday Q&A NI on 03/09/2019 Regulation 14 of the Working Time Regulations (Northern Ireland) 2016 (“WTR”) provides that if a worker works for more than 6 hours a day then they are entitled to leave their workstation for the purposes of a rest break. This break lasts for a maximum of 20 minutes and workers are only entitled to...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures

Is an employer under any obligation to provide a reference for a former employee upon their request?

Posted in: First Tuesday Q&A NI on 03/09/2019 Generally, an employer is under no duty to provide a reference to a former employee. However, an employee’s contract may state that the employer will provide them with a reference upon request. In such circumstances, the employer would have an express obligation to provide the former employee with ...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Recruitment and Selection