First Tuesday Q&A

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

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...
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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

In terms of “taking account of all the circumstances” before a dismissal for gross misconduct, what issues should we be considering?

Posted in: First Tuesday Q&A NI on 04/05/2021 The relevant factors to consider when deciding whether to dismiss will often depend on the specific facts of the case but, in general terms, employers should usually consider the relevant background to the offence, including previous warnings given to the employee or similar incidents. Length of se...
This article is listed under the following topics:
Dismissal Discipline and Grievance

Do we still need to consider alternatives to dismissal in disciplinary proceedings involving allegations of gross misconduct?

Posted in: First Tuesday Q&A NI on 04/05/2021 Employers should be mindful of their obligation to consider all the circumstances and other options to dismissal (such as final warning or demotion, where the contract allows for this), as a tribunal can still find that dismissal was outside the band of reasonable responses, even where there has be...
This article is listed under the following topics:
Dismissal Discipline and Grievance

What factors should we be considering when determining whether an employee’s behaviour amounts to gross misconduct?

Posted in: First Tuesday Q&A NI on 04/05/2021 What constitutes gross misconduct is a mixed question of fact and law. In general terms, “gross misconduct” connotes the most serious types of misconduct. It must be a fundamental breach i.e. a breach going to the heart of the contract. The misconduct must be gross (i.e. extreme, or abnormal) and c...
This article is listed under the following topics:
Dismissal Discipline and Grievance

An employee has recently resigned in advance of a disciplinary hearing - can we continue with disciplinary proceedings?

Posted in: First Tuesday Q&A NI on 13/04/2021 Fundamentally, if the employment relationship has ended, you cannot compel a former employee to attend any disciplinary hearing. You could of course choose to continue with disciplinary proceedings, but there may be little practical benefit of doing so. A potential situation where the employer may ...
This article is listed under the following topics:
Discipline and Grievance