First Tuesday Q&A

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

We want to take a security contract in-house but the work is going to be absorbed into our employees’ roles rather than being stand alone roles. Would this avoid TUPE applying?

Posted in: First Tuesday Q&A NI on 07/05/2013 The relevant TUPE legislation here is the Service Provision Change (Protection of Employment) Regulations (NI) 2006. Under these Regulations, where an activity is carried out on a client’s behalf and this activity is then carried out by the client itself, TUPE is likely to apply. To give a view o...
This article is listed under the following topics:
Contracts of Employment Transfer of Undertaking (TUPE)

How long can a full time employee be in a temporary position before they have rights to that said position? For example if they were working in a temporary position (secondment) with an increased salary, how long would it be before they could, or could they, claim to have “rights” to that position?

Posted in: First Tuesday Q&A NI on 02/04/2013 The nature of a secondment is that it should be for a temporary period, with the employee returning to his or her substantive role after a period of time, with no entitlement to the temporary position. The situation can become more complex when an employee is in a temporary position for a long peri...
This article is listed under the following topics:
Contracts of Employment

We have an employee who relocated into our employment in Northern Ireland from a sister company in the US. We are now considering the redundancy of his role. Do we have to recognise his service here and in the US for the purpose of calculating his statutory redundancy pay?

Posted in: First Tuesday Q&A NI on 05/03/2013 Generally, if an employee leaves their job and is employed by an employer who is associated with that first employer, continuity of employment is preserved. The periods of employment with both the original employer and the associated employer will count towards the employment period. Employers are ...
This article is listed under the following topics:
Redundancy Contracts of Employment

As part of a restructuring programme, is it possible to reduce an employee’s responsibilities and status (i.e. lower grade job title) while leaving their base pay unchanged? Could this be viewed as a demotion?

Posted in: First Tuesday Q&A NI on 05/02/2013 It would be helpful to know the background to this situation including, for instance, whether the restructuring involves redundancy, reorganisation and/or TUPE. While making these changes is possible, these factors could impact on how the changes are made and/or if so, whether they remain valid. Re...
This article is listed under the following topics:
Redundancy Contracts of Employment Transfer of Undertaking (TUPE)

An employee does not wish to disclose her illness. 9 weeks of certificates stating, “unfit for work” have been received. Can a company doctor disclose the illness to the employer or can we insist on knowing the nature of the illness or move to dismissal or some other action?

Posted in: First Tuesday Q&A NI on 08/01/2013 Under the Access to Personal Files and Medical Reports (NI) Order 1991 (the Order) an employer cannot request a report from an employee’s own doctor without the employee’s consent, which should be recorded in writing. While referring an employee to a company doctor (which we assume to be the case h...
This article is listed under the following topics:
Dismissal Absence and Sickness Contracts of Employment Data Protection and GDPR

Is it possible to extend a six month probationary period by another six months at the end of the six months?

Posted in: First Tuesday Q&A NI on 07/08/2012 It is possible to extend a six month probationary period by an additional six months. It is advisable, however, that you first check the wording of the existing probationary period clause to see if it allows any scope for the probationary period to be extended. If it doesn’t allow for an extension ...
This article is listed under the following topics:
Contracts of Employment Probation