First Tuesday Q&A

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

Can we continue with a disciplinary process if the employee leaves before the process has concluded?

Posted in: First Tuesday Q&A NI on 01/12/2020 You can continue with the disciplinary process after an employee has left the business. However it is worth considering whether this would have any benefit given that employment relationship has ended and the employee is under no obligation to cooperate with the process. Furthermore, even if the di...
This article is listed under the following topics:
Discipline

If an employee has failed to attend a disciplinary hearing, can we proceed in their absence?

Posted in: First Tuesday Q&A NI on 04/08/2020 When dealing with misconduct by a member of staff, it is important that a fair procedure is followed, otherwise any resulting dismissal may be considered unfair (providing the individual satisfies the eligibility criteria for bringing an unfair dismissal claim). In accordance with the LRA Code of P...
This article is listed under the following topics:
Discipline

Can I dismiss an employee who refuses to drive a vehicle which has not got a valid MOT certificate?

Posted in: First Tuesday Q&A NI on 04/02/2020 The standard position is that driving a vehicle without a valid MOT certificate is prohibited under article 61 of the Road Traffic (Northern Ireland) Order 1995. However, with the current debacle surrounding cancelled MOT tests in Northern Ireland, the Department for Infrastructure has introduced a...
This article is listed under the following topics:
Dismissal Discipline

Can employers treat an employee’s unauthorised absence as their resignation?

Posted in: First Tuesday Q&A NI on 07/01/2020 In normal circumstances, notice is usually required to terminate a contract of employment. Notice should be given in a clear manner and once validly given it is effective and does not need to be accepted by the other party. If an employee has taken unauthorised absence i.e. gone AWOL, it would be ...
This article is listed under the following topics:
Dismissal Discipline

What can an employer do about an employee who covertly recorded a grievance meeting without permission?

Posted in: First Tuesday Q&A NI on 07/01/2020 Employees do not have a right to record grievance hearings and even if they ask permission an employer may refuse to permit a meeting to be recorded. However, it is within the interests of both parties to have a record of matters discussed during a grievance hearing for future reference. The prefer...
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Discipline

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:
Dismissal Discipline

Can an employer continue disciplinary proceedings and dismiss an employee even after they have resigned?

Posted in: First Tuesday Q&A NI on 03/09/2019 An employee’s notice of resignation is effective immediately after it is given to their employer. From that point on, it cannot be refused by the employer or withdrawn by the employee without the other party’s agreement. Whether or not an employer should continue a disciplinary procedure will depen...
This article is listed under the following topics:
Discipline

An employee failed to attend a disciplinary hearing with no reason provided - What should I do?

Posted in: First Tuesday Q&A NI on 07/05/2019 When dealing with an employee who has failed to attend a disciplinary hearing, employers should adhere to the LRA Code of Practice on Disciplinary and Grievance Procedures. As a preliminary point, the employee should have been provided with appropriate advance notice of the hearing, along with copi...
This article is listed under the following topics:
Discipline Policies and Procedures

How should employers deal with SARs that relate to disciplinary and grievance procedures?

Posted in: First Tuesday Q&A NI on 05/02/2019 Subject access requests (‘SARs’) are dealt with under Article 15 of the GDPR which permits data subjects to find out if their personal data is being processed; and, if so, to obtain personal data via a SAR. However, difficulties can arise for employers when data requested contains other employees’ ...
This article is listed under the following topics:
Discipline Data Protection and GDPR

Can an employer refuse to pay an employee who is suspended pending investigation if they breach a term of their suspension?

Posted in: First Tuesday Q&A NI on 05/02/2019 Suspension is a protective measure often utilised by employers when investigating misconduct if the employer believes that the employee’s presence at the workplace could impede an investigation. As suspension is a protective measure rather than a punishment, employers should continue to pay a suspe...
This article is listed under the following topics:
Discipline Pay