First Tuesday Q&A

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

What steps can we take to protect the business from employees publishing damaging material about it on a blog or networking site?

Posted in: First Tuesday Q&A NI on 03/05/2011 If the comments otherwise damage the employer’s reputation or are intended or likely to destroy the relationship of trust and confidence between employer and employee, discipline and dismissal may be a legitimate course of action. In the absence of any express contractual clause, an employee has im...
This article is listed under the following topics:
Dismissal Discipline and Grievance

What are we exposed to if we impose pay cuts without seeking an express agreement?

Posted in: First Tuesday Q&A NI on 03/05/2011 Any such change will amount to a variation of your employee’s terms and conditions of employment. Unless the contract of employment allows you to vary the terms then you must obtain the employee's consent to do this. Imposing the change without consent (express or implied) will be a breach of contr...
This article is listed under the following topics:
Dismissal Contracts of Employment Pay

When an employee is dismissed, is the six months in which they can take a claim from the date they were dismissed or the date of their appeal?

Posted in: First Tuesday Q&A NI on 01/03/2011 This question relates to provisions extending time to bring a claim under the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004. On the basis this question relates to an unfair dismissal claim, this claim usually has to presented to a tribunal within ...
This article is listed under the following topics:
Dismissal Discipline and Grievance

Can we discipline an employee for being drunk at the Christmas party?

Posted in: First Tuesday Q&A NI on 07/12/2010 It really depends on the circumstances but in most cases the answer will be no. It would be difficult to discipline employees for being drunk per se, particularly when alcohol is often free (and free-flowing) at the party. That said drinking off duty can be a potentially fair reason for dismissal o...
This article is listed under the following topics:
Dismissal Discipline and Grievance

We recently recruited a senior manager who, we have since discovered, exaggerated and even lied outright on his CV. Can we take any action against him?

Posted in: First Tuesday Q&A NI on 05/10/2010 Perhaps the first consideration should be whether you still want the employee to work for you. If not, you will almost certainly have grounds to terminate his employment – but remember to follow an appropriate procedure to minimise his chances of successfully claiming unfair dismissal (depending on...
This article is listed under the following topics:
Dismissal Discipline and Grievance Recruitment and Selection

One of our lorry drivers has recently been disqualified from driving. If he is banned from driving, can we dismiss him? He has been employed for about three years.

Posted in: First Tuesday Q&A NI on 07/04/2010 If your employee is employed as a driver and loses his driving licence, this does, of course, mean that he cannot continue to work as a driver for the duration of the ban. However, it does not necessarily follow that you can simply dismiss him because he can no longer carry out his job duties. Whil...
This article is listed under the following topics:
Dismissal Discipline and Grievance Contracts of Employment

Do parties in tribunal disputes have to turn up to case management discussions or can representatives go in their place?

Posted in: First Tuesday Q&A NI on 05/01/2010 We would like to issue an update to our answer to this question last month. The Office of the Industrial Tribunal and Fair Employment Tribunal does require parties (namely claimants, respondents and their representatives) to attend case management discussions in person. The Tribunal requires partie...
This article is listed under the following topics:
Dismissal Policies and Procedures

Do you always have to have individual consultation in a redundancy dismissal even if there is a collective redundancy situation and elected/trade union representatives?

Posted in: First Tuesday Q&A NI on 05/01/2010 The duty to collectively consult is imposed under Article 216 of the Employment Rights (Northern Ireland) Order 1996 and arises where an employer proposes to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less. The duty is to consult appropriate represe...
This article is listed under the following topics:
Dismissal Redundancy Collective and Trade Union Issues