First Tuesday Q&A

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

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

Is an employer under any obligation to provide a reference for a former employee upon their request?

Posted in: First Tuesday Q&A NI on 03/09/2019 Generally, an employer is under no duty to provide a reference to a former employee. However, an employee’s contract may state that the employer will provide them with a reference upon request. In such circumstances, the employer would have an express obligation to provide the former employee with ...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Recruitment and Selection

Should our company produce a Modern Slavery Statement?

Posted in: First Tuesday Q&A NI on 03/09/2019 The purpose of a Modern Slavery Statement is to set out what steps a company has taken to prevent modern slavery and human trafficking in its business and supply chains. This area of law is governed by section 54 of the Modern Slavery Act 2015 (the “MSA"). Section 54 of the MSA requires a commercia...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures

Provide guidance for employers on how to deal with an employee who is requesting time off for cosmetic or elective surgery.

Posted in: First Tuesday Q&A NI on 05/02/2019 This can be a tricky situation for employers, as it may be unclear whether the employee’s time off should be treated as sickness absence or a period of annual leave. Employers may find that an employee will prefer to take annual leave if the employer does not offer company sick pay. On the other ha...
This article is listed under the following topics:
Absence and Sickness Discrimination and Equality Working Time Pay

Can an employee claim constructive dismissal if a work colleague makes a discriminatory comment to them and the employer fails to discipline the colleague? 

Posted in: First Tuesday Q&A NI on 03/12/2018 Ultimately this will depend on the specific facts of the case but it is important to remember from the outset that it is difficult to successfully make a claim for constructive dismissal. Constructive dismissal occurs when an employer breaches an employee’s contract of employment in such a serious ...