First Tuesday Q&A

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

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...

We are currently undertaking a recruitment drive. Can we check up on applicants’ online profiles before deciding whom to appoint?

Posted in: First Tuesday Q&A NI on 02/09/2015 There is nothing in law preventing an employer from looking at publicly available material before offering an individual a job, however doing so can leave the employer open to potential claims of discrimination. Given the types of information typically found on blogs or social networking websites, ...
This article is listed under the following topics:
Recruitment and Selection

As an employer we are keen to offer volunteering opportunities and/or internships to individuals who would like to gain experience or an insight into the work that we do. However, how do we ensure that they do not become classified as a ‘worker’? Is there any guidance to assess when the line of being a worker is crossed?

Posted in: First Tuesday Q&A NI on 02/12/2014 There is no legal definition of either a “volunteer” or “intern” and there is no specific legislation that deals with the relationship between an employer and an intern/volunteer. There is also no specific guidance on assessing the status of each and so, the usual employment law principles apply i....
This article is listed under the following topics:
A-Typical Working Recruitment and Selection