First Tuesday Q&A

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

How can employers support a growing band of aging workers and avoid age discrimination through their practices and policies?

Posted in: First Tuesday Q&A NI on 04/09/2018 There are many practices that employers can implement to show support to ageing workers and thus prevent age discrimination. Although age discrimination is well established in statute under the Employment Equality (Age) Regulations (Northern Ireland) 2006, there remains an increasing number of age ...

During a redundancy consultation process is an employer entitled to interview external candidates for a vacant position in addition to interviewing employees at risk of redundancy? 

Posted in: First Tuesday Q&A NI on 07/08/2018 It would not normally be appropriate to consider external candidates for a vacancy during a redundancy exercise. There is nothing wrong with implementing a competitive interview process to choose between candidates (i.e. to match vacant roles with the potentially redundant employees) but to conside...
This article is listed under the following topics:
Redundancy Policies and Procedures

What should an employer do if an employee who has submitted a grievance then submits a claim to the tribunal before the grievance has been dealt with?

Posted in: First Tuesday Q&A NI on 07/08/2018 Firstly, employers should note that there is no legislative prohibition on an employee commencing a tribunal claim before their grievance has been concluded. In fact, it is relatively common for employees or ex-employees to bring a claim prior to a grievance outcome being reached. This is due to th...

What are the consequences for an employer who does not let an employee bring a companion to a disciplinary or grievance hearing?

Posted in: First Tuesday Q&A NI on 03/07/2018 All individuals engaged under a contract of employment, agency workers and home workers have a statutory right under Article 12 of the Employment Relations (Northern Ireland) Order 1999, to be accompanied to a disciplinary or grievance meeting. The accompanying individual may be a colleague, trade ...
This article is listed under the following topics:
Discipline and Grievance Contracts of Employment Policies and Procedures

Does an employer have to allow paid or other leave when an employee suffers a family bereavement?

Posted in: First Tuesday Q&A NI on 03/07/2018 There is no specific statutory right to paid or other time off for a family bereavement, save in the limited circumstances where “emergency leave” applies. However, an employer may have a bereavement policy or compassionate leave policy in place which covers situations where an employee loses a clo...
This article is listed under the following topics:
Absence and Sickness Policies and Procedures

Is a female employee entitled to be on statutory maternity leave while her partner is also on shared parental leave?

Posted in: First Tuesday Q&A NI on 03/07/2018 The aim of shared parental leave is to enable both parents (or the mother’s partner) to have time off after their child is born without actually increasing the overall amount of leave that may be taken. To be eligible for shared parental leave, the mother must: Have employee status; Be continuousl...
This article is listed under the following topics:
Absence and Sickness Working Time Policies and Procedures

How should we obtain an employee’s medical data post-GDPR?

Posted in: First Tuesday Q&A NI on 05/06/2018 There are various reasons why an employer will wish to obtain a medical report on an employee in the context of the employment relationship. For example, recording sickness absence, determining if the employee is entitled to permanent health insurance and for health and safety purposes. Under the G...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Policies and Procedures

Is holiday still owed if an employee falls sick whilst on annual leave?

Posted in: First Tuesday Q&A NI on 05/06/2018 In Anged v Fasga [2012] IRLR 779, the ECJ held that a worker who becomes unfit for work whilst on annual leave has the right, under the Working Time Directive, at his request, to take a period of time off as annual leave at a later time after he has recovered. The period of leave to be rescheduled ...
This article is listed under the following topics:
Absence and Sickness Working Time Policies and Procedures

What are the implications of checking a candidate’s social media profile under the GDPR?

Posted in: First Tuesday Q&A NI on 01/05/2018 Social media screening prior to employment is common place and can be a valuable tool for employers. The difficulty for employers arises when they have to distinguish between information that is helpful in making employment decisions and information that is not but reveals the candidate’s personal ...

How should we deal with a disabled employee who has frequent short-term absences?

Posted in: First Tuesday Q&A NI on 01/05/2018 Where absences are due to an employee’s disability, an employer will have to tread very carefully to avoid a claim of disability discrimination under The Disability Discrimination Act 1995. However, we appreciate that frequent absences can be very disruptive to an employer. As a practical step, an ...
This article is listed under the following topics:
Absence and Sickness Discrimination and Equality Policies and Procedures