First Tuesday Q&A

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

Is Addiction Classed as a Disability under the Disability Discrimination Act 1995?

Posted in: First Tuesday Q&A NI on 10/03/2023 A disability is defined by Section 1(1) Disability Discrimination Act 1995 to be a physical or mental impairment which has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities. Whilst various conditions do fall within the definition of a d...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures

What are the Rights for an Employee who is Suffering Domestic Abuse?

Posted in: First Tuesday Q&A NI on 10/03/2023 In August 2022, the Labour Relations Agency published a ‘Safe at Home, Safe at Work’ guide which focused on how employers can support and assist employees that are suffering from domestic abuse and violence. There has been a pressing need to focus on this issue since the COVID-19 pandemic and parti...
This article is listed under the following topics:
Absence and Sickness Contracts of Employment Policies and Procedures Wellbeing

What are an Employer’s Obligations Surrounding Reasonable Adjustments for a Disabled Employee?

Posted in: First Tuesday Q&A NI on 10/03/2023 Further information would be required in order to advise on the particular obligations that would be relevant in your context. However, in general terms, the Disability Discrimination Act 1995 imposes a duty on employers to make reasonable adjustments to help disabled employees (together with job a...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Diversity & Inclusion

Are employees Entitled to take time off for IVF appointments?

Posted in: First Tuesday Q&A NI on 10/03/2023 There is currently no specific statutory right to time off for IVF treatment, but employees can still ask you for time off. If this cannot be accommodated in the circumstances, you might wish to offer the employee the option of taking annual leave instead to attend such appointments. The Equality C...
This article is listed under the following topics:
Policies and Procedures Leave Family Friendly Rights

What Issues Should an Employer Consider if an Employee Takes a Second Job?

Posted in: First Tuesday Q&A NI on 01/11/2022 During the cost of living crisis, it is likely employees may ask to take on a second job to manage their finances. There are issues when it comes to having multiple jobs surrounding wellbeing and health and safety concerns for employees. Wellbeing - Financial worries will impact on employees mental...
This article is listed under the following topics:
Contracts of Employment Working Time Policies and Procedures

Cosmetic Surgery v Medical Surgery – What Are An Employee’s Rights?

Posted in: First Tuesday Q&A NI on 06/09/2022 There is no requirement to refer to cosmetic surgery within a company's sickness policy or staff handbook, so it is for the employer to decide whether to include it at its own discretion. However, there are benefits for employers providing clarity on how they will deal with time off for cosmetic su...
This article is listed under the following topics:
Absence and Sickness Policies and Procedures

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

What is 'safe leave’ and what does this mean for employees who have experienced domestic abuse?

Posted in: First Tuesday Q&A NI on 03/05/2022 Northern Ireland has become the first jurisdiction in the United Kingdom to provide support to victims of domestic abuse at work. Legislation has been introduced and is awaiting Royal Assent to provide employees who are victims of domestic abuse with the right of up to ten days of paid leave a year...
This article is listed under the following topics:
Policies and Procedures Leave

If an employee sends work-related documents to their solicitor, would this breach their confidentiality obligations?

Posted in: First Tuesday Q&A NI on 03/05/2022 If an employee sends work-related documents to their solicitor, would this breach their workplace confidentiality obligations? This will heavily depend on what the employee’s confidentiality obligations are and what is stipulated in their contract. It may also depend on the content of the work-rela...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures

What does the term “fire and rehire” mean?

Posted in: First Tuesday Q&A NI on 05/04/2022 The term “fire and rehire” is usually used to describe the practice where an employee’s contract of employment is terminated before that same employee is immediately re-employed by the same employer on new terms and conditions of employment. There has been calls for introducing new legislative prot...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures