First Tuesday Q&A

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

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...

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 ...

Can an employer treat maternity-related absences in the same way as standard sickness absences?

Posted in: First Tuesday Q&A NI on 06/11/2018 Under the Sex Discrimination (NI) Order 1976, pregnant employees have specific legal rights which regulate their relationship with their employers. It is unlawful pregnancy discrimination to treat an employee less favourably: On the grounds that she is pregnant; For a reason relating to her pregna...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality Policies and Procedures

If an employee on maternity leave is made redundant, does her former employer have a continuing obligation to pay her statutory maternity pay?

Posted in: First Tuesday Q&A NI on 06/11/2018 First and foremost, employers must exercise caution when making an employee who is pregnant or on maternity leave redundant, and ensure that fair and proper procedure is followed. Statutory maternity pay (‘SMP’) is available to a woman who is or has been an employee under section 160 of the Social ...

Can an employer refuse a request for flexible working?

Posted in: First Tuesday Q&A NI on 04/09/2018 Yes, an employer can refuse a flexible working request if the employee making the request is not entitled to do so. In order to be entitled, an individual must: (a) Be an employee not simply a worker or agency worker; (b) Have a minimum of 26 weeks continuous service; (c) Not have made a fl...
This article is listed under the following topics:
Discrimination and Equality A-Typical Working Policies and Procedures

How can employers support a growing band of aging workers and avoid age discrimination through their practices and policies?

Posted in: First Tuesday Q&A NI on 04/09/2018 There are many practices that employers can implement to show support to ageing workers and thus prevent age discrimination. Although age discrimination is well established in statute under the Employment Equality (Age) Regulations (Northern Ireland) 2006, there remains an increasing number of age ...

How should we deal with a disabled employee who has frequent short-term absences?

Posted in: First Tuesday Q&A NI on 01/05/2018 Where absences are due to an employee’s disability, an employer will have to tread very carefully to avoid a claim of disability discrimination under The Disability Discrimination Act 1995. However, we appreciate that frequent absences can be very disruptive to an employer. As a practical step, an ...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality Policies and Procedures

Please set out key requirements and things that might catch an employer out in relation to maternity leave and maternity rights before and after leave has been taken.

Posted in: First Tuesday Q&A NI on 03/04/2018 Maternity rights - before leave is taken Right to time off for ante-natal care All pregnant employees, regardless of length of service, are entitled to a reasonable time off work for antenatal care. This time off must be paid at the normal remuneration rate. Employers should be aware that ante-nata...
This article is listed under the following topics:
Discrimination and Equality Pay and Conditions of Employment