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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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...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Policies and Procedures Recruitment and Selection

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

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...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment Data Protection and Freedom of Information Act Recruitment and Selection

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

An employee is currently on a permanent contract in one department in the business. The employee has applied for a temporary role (maternity leave cover) in another part of the business. If we decide the employee is suitable for this temporary role, do we have to keep their permanent role open for them, or can we advise the employee that they must resign from their permanent role if they want to take up the temporary role? Assuming that we can do this, would the employee have continuous service if they forfeit their permanent role in favour of the temporary one?

Posted in: First Tuesday Q&A NI on 04/06/2013 Any internal policies you have in place dealing with this situation should be carefully reviewed. Assuming that there has been an internal recruitment process for the temporary role and that it is an ‘acting up’ position, it is likely that you will be required to keep the permanent role open. In th...
This article is listed under the following topics:
Contracts of Employment 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