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...
This article is listed under the following topics:
Dismissal Discipline and Grievance 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 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

Can I dismiss an employee who refuses to drive a vehicle which has not got a valid MOT certificate?

Posted in: First Tuesday Q&A NI on 04/02/2020 The standard position is that driving a vehicle without a valid MOT certificate is prohibited under article 61 of the Road Traffic (Northern Ireland) Order 1995. However, with the current debacle surrounding cancelled MOT tests in Northern Ireland, the Department for Infrastructure has introduced a...
This article is listed under the following topics:
Dismissal Discipline and Grievance

Can employers treat an employee’s unauthorised absence as their resignation?

Posted in: First Tuesday Q&A NI on 07/01/2020 In normal circumstances, notice is usually required to terminate a contract of employment. Notice should be given in a clear manner and once validly given it is effective and does not need to be accepted by the other party. If an employee has taken unauthorised absence i.e. gone AWOL, it would be ...
This article is listed under the following topics:
Dismissal Discipline and Grievance

Should an internal disciplinary procedure be applied to an employee who is on probation?

Posted in: First Tuesday Q&A NI on 04/11/2019 The probationary period provides a suitable amount of time to an employer to be able to assess an employee before confirming continued employment. Probationary periods generally last between three to six months. An employee’s contract will usually provide that, during the probationary period, emplo...
This article is listed under the following topics:
Dismissal Discipline and Grievance

We have a former employee who has claimed unfair dismissal. Our solicitor is arguing that they have failed to mitigate their loss – what does this mean?

Posted in: First Tuesday Q&A NI on 04/11/2019 Article 76(4) of the Employment Rights (Northern Ireland) Order 1996 places a duty upon a claimant to mitigate their losses following dismissal, for example, by making effort to obtain new employment or by claiming state benefits. An employee cannot recover compensation for any part of their loss(e...
This article is listed under the following topics:
Dismissal