First Tuesday Q&A

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

Why might an employer face criminal prosecution if a collective redundancy process is not followed correctly?

Posted in: First Tuesday Q&A NI on 05/04/2022 There has been considerable media attention on P&O Ferries after it made 800 staff redundant with immediate effect, resulting in accusations that the correct redundancy process had not been followed and also accusations that P&O should face criminal proceedings. The staff of P&O Ferries...
This article is listed under the following topics:
Redundancy Collective and Trade Union Issues

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 Collective and Trade Union Issues

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...
This article is listed under the following topics:
Redundancy Collective and Trade Union Issues Pay

In a redundancy situation, are workers with less than one year’s service counted for the purposes of triggering statutory collective consultation obligations? 

Posted in: First Tuesday Q&A NI on 03/12/2018 Under the Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRCA’), where an employer is proposing to make 20 or more employees redundant at one establishment within a 90 day period, it must: Inform; Consult; and Notify the Department for the Economy. In the redundancy context, an emp...
This article is listed under the following topics:
Redundancy Collective and Trade Union Issues

Is it acceptable to allow a Union Rep to speak on an employee’s behalf in a disciplinary hearing, when I would prefer to hear directly from the employee?

Posted in: First Tuesday Q&A NI on 01/10/2013 The role of the union representative or companion at a disciplinary hearing is often misunderstood. The LRA Code does say that it is good practice to allow the companion to participate as fully as possible in the hearing. However, despite common belief, companions do not have the right to answer qu...
This article is listed under the following topics:
Discipline and Grievance Collective and Trade Union Issues

We are intending to amend our employees’ terms and conditions of employment by amending the employees' bonus scheme. We intend to do this through consultation with employees and by seeking their agreement. I read somewhere that changing terms and conditions of employment for a large number of employees can trigger collective consultation and a requirement to inform DEL. I would be grateful for any clarity on this point.

Posted in: First Tuesday Q&A NI on 03/09/2013 The main issue here is whether the company envisages dismissing and re-engaging the employees if they do not consent to the changes in the bonus arrangements. Where an employer changes employees' terms through termination and re-engagement, the dismissals would count as redundancies (for the purpos...
This article is listed under the following topics:
Redundancy Collective and Trade Union Issues Policies and Procedures

If an employee has been called to a disciplinary meeting, can he/she bring a Trade Union representative or solicitor with them to this meeting?

Posted in: First Tuesday Q&A NI on 03/09/2013 Employees have a right to be accompanied at a disciplinary hearing by a trade union representative or a fellow worker. There is no general right under UK law for an employee to have a qualified legal representative at a disciplinary hearing, however, some employees (for example, NHS hospital doctor...
This article is listed under the following topics:
Discipline and Grievance Collective and Trade Union Issues

What can the Trade Union Representative say/not say during an investigation/hearing and can the chair say "no" to them?

Posted in: First Tuesday Q&A NI on 02/04/2013 The role of the companion (which includes a TU Representative) is limited. The companion is permitted to address the disciplinary hearing (including putting the employee's case, summing up, and responding on the employee's behalf to any view expressed at the hearing) and to confer with the employee...
This article is listed under the following topics:
Discipline and Grievance Collective and Trade Union Issues

Does an employer have to honour the terms of a collective agreement inherited in a TUPE situation?

Posted in: First Tuesday Q&A NI on 03/01/2012 In a TUPE situation, collective agreements can transfer from the old employer to the new employer. It’s important that the new (transferee) employer is aware of a collective agreement as it can affect a variety of contractual employment terms of transferring employees such as pay scales, pay rises,...
This article is listed under the following topics:
Collective and Trade Union Issues Transfer of Undertaking (TUPE)