First Tuesday Q&A

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

Our employer would like to introduce some new policies and procedures for our employees. Are there any issues with just implementing these without consultation?

Posted in: First Tuesday Q&A NI on 01/02/2011 If you do not intend the policies to be in the employee contracts (and thereby contractually binding) then, from a strict legal perspective, you can just put the procedures into force. However, it may be appropriate to make some policies contractual, for example those relating to pay, expenses, hou...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures

We had two employees who could not get to and ‘from’ work because of the bad weather. One said she was snowed in and could not get out of her house (which is in the country up an untreated road). The other was travelling back from Dublin after work and the work van was slipping all over the road. After three hours of not going very far the employee booked into a hotel for the night. What are my responsibilities as an employer in these situations?

Posted in: First Tuesday Q&A NI on 07/12/2010 As a rule of thumb an employer's obligation to pay arises where the employee is willing and able to perform work. If an employee cannot get to work or they cannot carry out their work, strictly speaking you do not have an obligation to pay these employees. Having said that, many of our clients tend...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures Pay

How can an employer prevent harassment at the Christmas party?

Posted in: First Tuesday Q&A NI on 07/12/2010 Even where harassment has taken place, you will not be liable if you can show that you took reasonably practicable steps to prevent it from happening. Such steps will include having and implementing clear equal opportunities and anti-harassment policies, updated to include new areas of discriminati...
This article is listed under the following topics:
Discrimination Policies and Procedures

What can we do if an employee is caught taking drugs at the party?

Posted in: First Tuesday Q&A NI on 07/12/2010 As a general rule you are entitled to take a much tougher approach to drug abuse as opposed to alcohol abuse. The use of drugs at a work-related social event will justify disciplinary action, in appropriate cases including dismissal. As mentioned above, remember to follow a fair procedure and compl...
This article is listed under the following topics:
Discipline Policies and Procedures

Can you request a medical certificate for less than 7 days absence if felt appropriate/required?

Posted in: First Tuesday Q&A NI on 06/07/2010 If you pay company sick pay, you are free to choose what evidence of incapacity you require. This means that you could, in theory, require a medical certificate for all absences as a pre-requisite of paying company sick pay, although this is rare. Generally speaking, however, self certification suf...
This article is listed under the following topics:
Absence and Sickness Policies and Procedures

Fixed term employees: is our website sufficient when notifying employees of upcoming job vacancies?

Posted in: First Tuesday Q&A NI on 02/06/2010 Fixed-term employees have a specific right to be informed of any permanent vacancies. Regulation 3(7) of the 2002 Fixed-term Employees Regulations states that an employee will be taken to have been ‘informed by his employer’ only if the vacancy is contained in an advertisement which the employee ha...
This article is listed under the following topics:
Policies and Procedures Recruitment and Selection

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