First Tuesday Q&A

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

What Is The Difference Between Direct Discrimination And Indirect Discrimination?

Posted in: First Tuesday Q&A NI on 04/10/2022 Direct discrimination is described as treating someone ‘less favourably’ than other people on the grounds of a protected characteristic. Indirect discrimination is where workplace rules or arrangements apply equally to everyone, but inadvertently puts someone with a protected characteristic at a d...
This article is listed under the following topics:
Discrimination and Equality

What are the Different Types of Discrimination in Northern Ireland?

Posted in: First Tuesday Q&A NI on 04/10/2022 There are a number of different types of discrimination. Direct discrimination is where an employee is treated less favourably by their employer on the basis of a protected characteristic. Examples of protected characteristics are age, sex, race, sexual orientation, disability, religious belief or ...
This article is listed under the following topics:
Discrimination and Equality

Rights For Transgender Or Non-Binary Employees – What Are an Employer’s Obligations?

Posted in: First Tuesday Q&A NI on 06/09/2022 There are specific anti-discrimination rights for those in the LGBTQ+ community in the Sex Discrimination (Northern Ireland) Order 1976. Under this legislation, if an employee is absent as a result of undergoing gender reassignment, an employer cannot treat this absence any less favourably than any...
This article is listed under the following topics:
Discrimination and Equality Diversity & Inclusion

Can Menopause Be a Protected Characteristic?

Posted in: First Tuesday Q&A NI on 05/07/2022 For some employees with menopausal symptoms, this can lead to increased absence and affect work their performance. Menopause is not a protected characteristic in and of itself, however, a recent Employment Appeal Tribunal (EAT) case, Rooney v Leicester City Council (2021), determined that an employ...
This article is listed under the following topics:
Discrimination and Equality Menopause

What is the law in Northern Ireland with regards to gender pay gap reporting?

Posted in: First Tuesday Q&A NI on 01/02/2022 The law in relation to gender pay gap reporting is set out in section 19 of the Employment Act (Northern Ireland) 2016. Section 19 specified that, no later than 30 June 2017, regulations were to be published and contain details of the regime. As a result of the collapse of the Northern Ireland Asse...
This article is listed under the following topics:
Discrimination and Equality Gender Pay Gap

Where an Employee Has Left Employment but is Then Found to Have Acted Fraudulently, Can The Employer Bring a Claim For Breach of Contract?

Posted in: First Tuesday Q&A NI on 02/11/2021 Within an employer’s disciplinary rules or disciplinary procedure there will usually be a list, or examples, of what constitutes gross misconduct. This list will usually include fraud. Therefore, fraud on the part of an employee is likely to amount to a fundamental breach of contract that, if the e...

If An Employer Had A Policy Of Only Offering Fixed Term-Contracts-to Applicants Who Are Not Entitled To Permanently Reside In The UK Would Be Racial Discrimination

Posted in: First Tuesday Q&A NI on 03/08/2021 Migrant workers employed legally in the UK generally have the same rights as workers who were born in the UK. Importantly, this includes the right to be protected from discrimination. The Race Relations (Northern Ireland) Order 1997 provides protection against racial discrimination. In determining ...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment Immigration

What Are The Potential Discrimination Risks Associated With Requiring Employees To Have The COVID-19 Vaccine?

Posted in: First Tuesday Q&A NI on 02/03/2021 Mandatory vaccination is a topic that has gathered significant attention over the past weeks and months. However, employers should be aware that there is a risk of exposing themselves to discrimination claims if they seek to compel employees to have the vaccine. Employers should familiarise themsel...
This article is listed under the following topics:
Discrimination and Equality Coronavirus/Covid-19

Can An Employer Commence Disciplinary Proceedings Against Employees Who Refuse To Have A COVID-19 Vaccine?

Posted in: First Tuesday Q&A NI on 02/03/2021 Employer could try and argue that requesting employees to have the COVID-19 vaccine amounts to a reasonable management instruction on the basis that it is intended to protect health and safety, and that a failure to comply is misconduct. However, given the nature of the request along with the fact ...
This article is listed under the following topics:
Discipline and Grievance Discrimination and Equality Coronavirus/Covid-19

Is An Employee Who Is Off On Maternity Leave Permitted To Carry Over Her Accrued But Untaken Annual Leave?

Posted in: First Tuesday Q&A NI on 02/03/2021 An employee who is on maternity leave and therefore cannot use annual leave must be permitted to take her full holiday entitlement outside her maternity leave period. This was confirmed by the European Court of Justice in Merino Gomez v Continental Industrias del Caucho SA (C342/01) [2005] ICR 1040...
This article is listed under the following topics:
Discrimination and Equality Working Time Leave