Location: Northern Ireland
Rep.of Ireland
Location: Northern Ireland
Rep.of Ireland

First Tuesday Q&A

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

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Can an employee lawfully waive their right to notice?

Posted in: First Tuesday Q&A NI on 02/07/2019 Article 118(3) of the ERO 1996 provides the statutory basis for waiving the right to receive notice (by either party). However, it is prudent for any such waiver to be carefully documented to safeguard the employer against any future disputes as to whether consent was freely given. It is also prude...
This article is listed under the following topics:
Policies and Procedures Pay

What are lawful deductions from wages that will not breach the NMW?

Posted in: First Tuesday Q&A NI on 02/07/2019 The general rule is that it is unlawful for an employer to make a deduction from an employee’s wages. However, this rule is subject to two main exceptions which are set out in Article 45 of the Employment Rights (Northern Ireland) Order 1996 (“ERO 1996”), namely: 1. Deduction(s) will be considered ...
This article is listed under the following topics:
Policies and Procedures Pay

Contacting bereaved employees – how do I handle it?

Posted in: First Tuesday Q&A NI on 04/06/2019 Firstly, an employer is not obligated to grant compassionate leave in the event of a bereavement, except in the limited circumstances outlined in the statutory right to time off for dependents under Article 85A of the Employment Rights (NI) Order 1996. Nevertheless, many employers will provide...
This article is listed under the following topics:
Absence and Sickness Contracts of Employment Policies and Procedures

An employee failed to attend a disciplinary hearing with no reason provided - What should I do?

Posted in: First Tuesday Q&A NI on 07/05/2019 When dealing with an employee who has failed to attend a disciplinary hearing, employers should adhere to the LRA Code of Practice on Disciplinary and Grievance Procedures. As a preliminary point, the employee should have been provided with appropriate advance notice of the hearing, along with copi...
This article is listed under the following topics:
Discipline Policies and Procedures

Can an employee claim constructive dismissal if a work colleague makes a discriminatory comment to them and the employer fails to discipline the colleague? 

Posted in: First Tuesday Q&A NI on 03/12/2018 Ultimately this will depend on the specific facts of the case but it is important to remember from the outset that it is difficult to successfully make a claim for constructive dismissal. Constructive dismissal occurs when an employer breaches an employee’s contract of employment in such a serious ...
This article is listed under the following topics:
Discipline Discrimination Contracts of Employment Policies and Procedures

What should an employer do if an employee fails to attend a grievance hearing?

Posted in: First Tuesday Q&A NI on 03/12/2018 As a starting point, an employer should consider the reasons for the failure to attend, for example, if the employee is suffering from stress as a result of the grievance procedure. If it is the first time that the employee has failed to attend, it will be appropriate to re-schedule the grievance h...
This article is listed under the following topics:
Discipline Data Protection and GDPR Policies and Procedures

Can an employee on paid suspension be asked to carry out some of their duties?

Posted in: First Tuesday Q&A NI on 03/12/2018 Given that the purpose of suspension is to remove an employee from the workplace, usually to enable an instance of misconduct to be investigated, it would be unlikely for an employer to require a suspended employee to carry out work. However, this will be fact specific and there may be certain occa...
This article is listed under the following topics:
Discipline Policies and Procedures

Please provide guidance for employers in relation to staffing issues during periods of adverse weather

Posted in: First Tuesday Q&A NI on 06/11/2018 Inclement weather can pose problems for employers and employees alike, particularly as it is often unforeseen. Firstly, it is necessary to consider if adverse weather scenarios are dealt with in employment contracts and/or a policy document. This is relevant because some employment contracts may co...
This article is listed under the following topics:
Health and Safety Contracts of Employment Policies and Procedures Pay

When it comes to determining the appropriate sanction for an incident of misconduct, can an employer take into account a previous first written warning?

Posted in: First Tuesday Q&A NI on 06/11/2018 When determining an appropriate sanction for an act of misconduct, employers should ensure that they are familiar with the LRA Code of Practice on Disciplinary and Grievance Procedures, which sets out the different sanctions available, from warnings right up to dismissal. From a practical perspecti...
This article is listed under the following topics:
Discipline Policies and Procedures

Can an employer treat maternity-related absences in the same way as standard sickness absences?

Posted in: First Tuesday Q&A NI on 06/11/2018 Under the Sex Discrimination (NI) Order 1976, pregnant employees have specific legal rights which regulate their relationship with their employers. It is unlawful pregnancy discrimination to treat an employee less favourably: On the grounds that she is pregnant; For a reason relating to her pregna...
This article is listed under the following topics:
Absence and Sickness Discrimination Policies and Procedures