First Tuesday Q&A

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

What are the consequences of an individual accepting an offer of employment but then taking a different job? A candidate accepted a job offer from our company. He signed and accepted a conditional offer letter and was due to start work next week. It has transpired that the candidate has been offered another job which he has accepted.

Posted in: First Tuesday Q&A NI on 03/06/2014 Once any conditions to which the offer was made subject have been satisfied and the employee has accepted the offer, a contract of employment will be in existence. Once confirmed that a contract of employment has been formed, any subsequent attempt to withdraw from it would require the employee to ...
This article is listed under the following topics:
Contracts of Employment Recruitment and Selection

What are the legal requirements when providing references, what are we obliged to do?

Posted in: First Tuesday Q&A NI on 04/03/2014 There is strictly speaking no legal obligation on an employer to provide a reference for an employee or ex-employee and employers are therefore generally entitled to refuse to provide a reference. There are however some limited exceptions to this general rule, such as: 1. Discrimination: Failure to...

What is the legal status on the use of spying on potential candidates using social media?

Posted in: First Tuesday Q&A NI on 05/11/2013 According to a recent Microsoft survey, less than 15% of candidates all across the UK believe information which is available on social media affects their chances of securing employment. The same survey, however, showed that 45% of employers in the UK admit to using it regularly and rejecting candi...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Recruitment and Selection

Can we check up on applicants’ online profiles as part of our recruitment process before deciding whom to appoint?

Posted in: First Tuesday Q&A NI on 08/01/2013 There is no formal legal provision preventing an employer from looking at any publicly available material before offering an individual a job, including social media. However, you should weigh the benefit of obtaining any information from these sites against your aim of conducting and carrying out ...
This article is listed under the following topics:
Recruitment and Selection

Can we ask about applicants’ health before making a job offer?

Posted in: First Tuesday Q&A NI on 06/11/2012 There is no statutory provision in NI which prevents employers from asking pre-employment health checks or questions. Therefore, these can be legitimately conducted in NI provided they are compatible with the Equality Commission’s best practice guidance and general disability discrimination and dat...
This article is listed under the following topics:
Recruitment and Selection

Please advise on the use of social media e.g. Facebook in relation to recruitment and in relation to dismissal where a staff member is making inappropriate comments about the organisation/ specific personnel.

Posted in: First Tuesday Q&A NI on 02/10/2012 In relation to recruitment, there is no formal legal provision preventing an employer from looking at any publicly available material before offering an individual a job, including social media. However, employers should weigh the benefit of obtaining any information from these sites against its ai...
This article is listed under the following topics:
Discipline and Grievance Recruitment and Selection

We employ seasonal ‘summer’ workers. If we employ them for successive summers are they covered by unfair dismissal legislation/expectation of summer work under custom and practice?

Posted in: First Tuesday Q&A NI on 07/08/2012 In order to have unfair dismissal rights, the seasonal 'summer' worker must qualify as an employee AND also be able to prove one year of continuous employment. As regards the expectation of summer work under custom and practice, employers should be aware of the GB Employment Appeal Tribunal case of...
This article is listed under the following topics:
Dismissal Contracts of Employment A-Typical Working Recruitment and Selection

Are organisations required to provide feedback to unsuccessful candidates? Can we have a policy which states feedback will only be provided to candidates who reach the final round interview?

Posted in: First Tuesday Q&A NI on 01/05/2012 There is no strict obligation in Northern Ireland to offer unsuccessful candidates feedback and there doesn’t appear to be much by way of guidance in the Codes of Practice applicable in NI. The Equality and Human Rights Commission’s Code of Practice (which was drafted to sit alongside the Equality ...
This article is listed under the following topics:
Policies and Procedures Recruitment and Selection

Must a staff handbook be provided in hard copy or is it sufficient to refer employees to policies on your company’s intranet?

Posted in: First Tuesday Q&A NI on 01/05/2012 The Employment Rights (Northern Ireland) Order 1996 sections 33 – 35 deal with written particulars that employees are entitled to receive. Some specific matters are to be contained in a written statement of particulars (i.e. the employee’s contract of employment). Other matters can be included in o...
This article is listed under the following topics:
Policies and Procedures Recruitment and Selection