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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How Should an Employer Deal with an Employee’s Formal Grievance Complaint?

Posted in: First Tuesday Q&A NI on 07/11/2023 If an employee has a concern or problem that they haven’t been able to resolve with their employer informally, they may make a formal grievance complaint to them. Employers should set out a grievance procedure and share it in writing with all employees, for example in their statement of employment ...
This article is listed under the following topics:
Discipline and Grievance

What are the Potentially Fair Reasons for Dismissing an Employee?

Posted in: First Tuesday Q&A NI on 06/09/2023 Within the workplace, dismissals can be unavoidable – however, the key thing for employers to remember is to ensure any dismissal carried out is for a fair reason. According to Article 130 of the Employment Rights (Northern Ireland) Order 1996, there are five potentially fair reasons for dismissal....
This article is listed under the following topics:
Dismissal Redundancy Discipline and Grievance

What Control can an Employer Exercise over an Employee’s Social Media Accounts?

Posted in: First Tuesday Q&A NI on 06/06/2023 More and more businesses have been utilising social media as a tool for building brand awareness and client interaction whether it be on LinkedIn, Instagram or TikTok. However, whilst an asset, social media can present employers with challenges particularly in relation to their employee’s use of it...
This article is listed under the following topics:
Discipline and Grievance Policies and Procedures

Does Swearing in the Workplace Constitute Misconduct?

Posted in: First Tuesday Q&A NI on 10/03/2023 In the recent GB case Ms H Dadhania v SAP(UK) Ltd and Others 3307319/2020, it was deemed by the judge, Andrew Gumbiti-Zimuto, that swearing is ‘fairly commonplace’ and has lost the ‘shock value’ that it once carried in an arguably more conservative society. Generally, if a business wishes to make f...
This article is listed under the following topics:
Discipline and Grievance Policies and Procedures

First Tuesday Q and A: Probationary Periods and Disciplinary Action

Posted in: First Tuesday Q&A NI on 06/06/2022 1)Can an employee get a disciplinary sanction during their probationary as well as a probationary extension? Where an employee is failing to meet the employer's expectations, guidance should be given on the standards of performance and/or behaviour the employee needs to achieve. Where considered ne...
This article is listed under the following topics:
Dismissal Discipline and Grievance Policies and Procedures Probation

Where an Employee Resigns Before Disciplinary Proceedings Have Finished, Are They Entitled to Receive a Copy of the Outcome?

Posted in: First Tuesday Q&A NI on 02/11/2021 The LRA Code of Practice should be the starting point for employers when dealing with disciplinary and grievance situations. The Code itself is silent as to whether it applies after termination of employment. An employer’s failure to follow the Code does not, in itself, result in liability. However...
This article is listed under the following topics:
Discipline and Grievance Policies and Procedures

Can we bring a claim against a former employee who has damaged the company’s reputation post-employment?

Posted in: First Tuesday Q&A NI on 07/09/2021 Generally, the employer’s rights against the former employee would be limited to any contractual obligation which may have been breached. For example, if there is an express obligation on the former employee not to hold themselves out as an employee, the above situation will amount to a breach of t...
This article is listed under the following topics:
Discipline and Grievance

Can we investigate allegations of bullying where the employee concerned does not wish to raise a grievance?

Posted in: First Tuesday Q&A NI on 06/09/2021 If an employer has legitimate concerns about bullying in the workplace, it should investigate the matter even if the employee who has made the allegation does not wish to co-operate with the investigation. Consequences for an employer who fails to carry out investigations into bullying can be signi...
This article is listed under the following topics:
Discipline and Grievance Employee Engagement

If an employee is found to have committed misconduct (not gross misconduct), can an impose a sanction other than a warning or demotion?

Posted in: First Tuesday Q&A NI on 01/06/2021 If an employee is found to have committed misconduct (not gross misconduct), can an impose a sanction other than a warning or demotion? In general terms, the types of disciplinary sanction and the provisions governing how and in what circumstances they will be applied are decided by the employer an...
This article is listed under the following topics:
Discipline and Grievance

Can we still dismiss an employee for an act of gross misconduct which took place several months ago?

Posted in: First Tuesday Q&A NI on 04/05/2021 If you were aware of the alleged act of misconduct at the time and did not initiate an investigation process, this could have potential implications in relation to the fairness of any subsequent dismissal. In order for a dismissal to be fair, it should not only be for one of the potentially fair re...
This article is listed under the following topics:
Dismissal Discipline and Grievance