First Tuesday Q&A

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

Is There a Proper Procedure for Dismissing an Employee?

Posted in: First Tuesday Q&A NI on 03/10/2023 Under Schedule 1 of the Employment Rights (Northern Ireland) Order 1996 there is a statutory dismissal procedure that employers should abide by whenever seeking to dismiss an employee. The procedure is as follows: The employer must set out in writing an explanation as to why they have decided to t...
This article is listed under the following topics:
Dismissal

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

What Remedies are Available to a Claimant Pursuing a Tribunal Claim of Unfair Dismissal?

Posted in: First Tuesday Q&A NI on 07/08/2023 When a claimant is completing their ET1 form, they are required to set out the remedy that is being sought in the event that the claimant is successful before the tribunal. There are three remedies available to the claimant under Article 146 Employment Rights (Northern Ireland) Order 1996 which are...
This article is listed under the following topics:
Dismissal

What Types of Break Between Contracts would not Constitute a Break in Continuous Employment?

Posted in: First Tuesday Q&A NI on 04/07/2023 An individual’s continuous employment is calculated in months and years, starting with the date he or she begins working with the employer. It is important to establish an employee’s minimum period of continuous employment with an employer as it enables them to be eligible for certain rights and pa...
This article is listed under the following topics:
Dismissal Contracts of Employment

What are the Prerequisites for a Claim of Unfair Dismissal?

Posted in: First Tuesday Q&A NI on 04/07/2023 Under Article 126(1) of the Employment Rights (Northern Ireland) Order 1996, ‘an employee has the right not to be unfairly dismissed by his employer’. Whilst this appears straightforward, there are prerequisites that an employee, as a claimant, must satisfy before beginning proceedings against thei...
This article is listed under the following topics:
Dismissal

Can You Dismiss An Employee For Refusing to Work Due to Covid-19?

Posted in: First Tuesday Q&A NI on 05/07/2022 The EAT held in Rodgers v Leeds Laser Cutting Limited that an employee who refused to return to his workplace during the first lockdown in 2020 was not automatically dismissed. This was one of the first appellate considerations of a covid-19 related dismissal. The claimant in this case had a child ...
This article is listed under the following topics:
Dismissal Coronavirus/Covid-19

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 Policies and Procedures Probation

If an employee requests voluntary redundancy is their employer still bound by dismissal procedures?

Posted in: First Tuesday Q&A NI on 03/05/2022 Even if an employee has requested redundancy they are still technically 'dismissed' and entitled to their employment rights. The voluntary nature of the redundancy should not be mistaken for the employee resigning. An employer should ensure that the correct process for redundancy is followed regard...
This article is listed under the following topics:
Dismissal Redundancy

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

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