Location: Northern Ireland
Rep.of Ireland
Location: Northern Ireland
Rep.of Ireland

First Tuesday Q&A

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

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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)

My question is how should an employer calculate a buy-out of existing terms & conditions of employment: Is it usually calculated on difference of annual salary between existing T&Cs and new T&Cs x number of years' service or is this calculation at the discretion of the company?

Posted in: First Tuesday Q&A NI on 02/08/2011 Unfortunately, there is no one-size-fits-all formula in such circumstances as much depends on the terms being changed, the reason for the proposed change(s) (for example if the proposals are to avoid redundancies, the changes may be seen by staff as the lesser of two evils), the bargaining position...
This article is listed under the following topics:
Contracts of Employment Collective and Trade Union Issues

Regarding the right to accompaniment at meetings: Do we have to let mothers attend meetings? For discipline, performance, stress consultations etc we take on quite a few apprentices and their mothers always like to be involved and more often than not they become very challenging in these meetings. Can we limit to trade union or fellow employee even for apprentices under 18 years of age?

Posted in: First Tuesday Q&A NI on 05/10/2010 The right to be accompanied at a disciplinary or grievance meeting is laid out in Article 12(3) of the Employment Relations (Northern Ireland) Order 1999. The statutory right is for workers to be accompanied by a colleague, a trade union representative or an official employed by a trade union. In p...
This article is listed under the following topics:
Discipline Collective and Trade Union Issues

Can a Non-IT1 Agreement through the LRA be negotiated and agreed on a collective basis with the trade unions or does it have to be signed by individuals?

Posted in: First Tuesday Q&A NI on 05/01/2010 For those of you who may not be familiar with the term, a “Non-IT1 Agreement” (nowadays these are more properly referred to as non-ET1 agreements in reference to the tribunal claim forms) is a form used to record the terms of settlement of an industrial and/or fair employment tribunal claim (or pot...
This article is listed under the following topics:
Discipline Collective and Trade Union Issues

Do you always have to have individual consultation in a redundancy dismissal even if there is a collective redundancy situation and elected/trade union representatives?

Posted in: First Tuesday Q&A NI on 05/01/2010 The duty to collectively consult is imposed under Article 216 of the Employment Rights (Northern Ireland) Order 1996 and arises where an employer proposes to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less. The duty is to consult appropriate represe...
This article is listed under the following topics:
Dismissal Redundancy Collective and Trade Union Issues