First Tuesday Q&A

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

How Do I Comply With Fair Employment Monitoring While Using CV’s?

Posted in: First Tuesday Q&A NI on 04/10/2022 I know that the Equality Commission would recommend application forms but many organisations just use CV’s for recruitment now so it’s about perhaps giving a steer as to how to capture the monitoring data. For example, many companies who have an online application portal will collect the data at t...
This article is listed under the following topics:
Recruitment and Selection

Closure Date for Recruitment Exercise: Must We Legally Comply With This?

Posted in: First Tuesday Q&A NI on 04/10/2022 If an organisation sets a date for receipt of applications for say example, 2 weeks, but finds a great candidate in week 1 – what are the issues associated with not adhering to the 2 week closure date? It would be unlikely for there to be any legal repercussions if an employer wishes to close a se...
This article is listed under the following topics:
Recruitment and Selection

What are the relevant updates regarding right to work checks?

Posted in: First Tuesday Q&A NI on 05/04/2022 There are new right to work checks set to be introduced on the 6 April 2022, which will permit employers to used certified providers to undertake digital identity checks. The current adjusted right to work checks process was due to end on 5 April 2022. However, on 22 February 2022 the Home Office e...
This article is listed under the following topics:
Recruitment and Selection Immigration

Where an individual is recruited under the government-funded JobStart Scheme, do they acquire the status of an employee and would the statutory rights and obligations of employees apply?

Posted in: First Tuesday Q&A NI on 07/12/2021 Employers can apply under the JobStart Scheme for funding to cover the following employment costs: 100% of the National Minimum Wage (or the National Living Wage depending on the age of the participant) for 25 hours per week for a total of 6 months (or 9 months for a young person who meets additio...
This article is listed under the following topics:
Contracts of Employment Recruitment and Selection Pay

Can an employer refuse a request from an unsuccessful job applicant to delete any of their data in its possession as it may be necessary for the defence of legal claims?

Posted in: First Tuesday Q&A NI on 07/09/2021 An employer’s data protection obligations extend to job applicants in relation to retention and erasure of personal data. As a matter of good practice, employers should seek consent from applicants at the outset in relation to their application kept on file in case of future vacancies. At this poin...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Recruitment and Selection

Is an employer under any obligation to provide a reference for a former employee upon their request?

Posted in: First Tuesday Q&A NI on 03/09/2019 Generally, an employer is under no duty to provide a reference to a former employee. However, an employee’s contract may state that the employer will provide them with a reference upon request. In such circumstances, the employer would have an express obligation to provide the former employee with ...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Recruitment and Selection

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 ...

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 ...

If you have a member of staff leave the company but then re-joins a few months later on a new contract of employment, does the company need to go through a full induction process with them again e.g. Health & Safety, Office Regulations, Data Protection and other company Procedures and Policies as if they never had worked for the company previously?

Posted in: First Tuesday Q&A NI on 02/02/2016 As a general rule, it is important that all companies, large or small, should have a well-considered induction programme to provide employees with all the information they need before starting the job. The induction programme should reflect the complexity of the job in question and help employees ...

For how long should we retain interview records?

Posted in: First Tuesday Q&A NI on 03/11/2015 The Data Protection Act 1998 (DPA) does not specify any documentation retention periods; Schedule 1, paragraph 5 simply provides that personal data should not be kept for longer than is necessary for the purpose for which it is processed. However, Part 2 of the Information Commissioner's Employment...