First Tuesday Q&A

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

We have recently undergone a recruitment exercise and appointed a very good candidate. However we also have 2 other candidates who are placed on reserve as they also demonstrated the level required to do the job. My question is that we may have a similar type role (job titles not the same but nuts and bolts of the job are comparable) coming up in the future for which we believe the reserve candidates would be suitable. Would we be able to offer the candidates these posts without going through the full recruitment process?

Posted in: First Tuesday Q&A NI on 04/10/2011 Employers regularly use reserve lists for positions where more than one candidate is deemed suitable for a vacancy. It is important that this list is operated and carried out in line with any recruitment and selection policies within the employer’s organisation. Candidates should be informed at any...
This article is listed under the following topics:
Recruitment and Selection

What is the correct process employers should follow when providing ex-employees with a reference before/after they leave the Company? A statement of service is seen to be unfair for those who have been with the Company a number of years, however, a longer character reference could potentially lead to litigation where a number of employees leave the Company at the same time and some may be given a statement of service while others are given a long character reference.

Posted in: First Tuesday Q&A NI on 02/08/2011 The questioner rightly points out that the provision of references can be litigious. Providing long references to some and not to others can lead to allegations of disparity in treatment between employees, which, depending on the circumstances, may also be discriminatory. Employers can also open th...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Recruitment and Selection

Is there any benefit to having a pre-employment medical assessment in Northern Ireland?

Posted in: First Tuesday Q&A NI on 05/07/2011 Yes - they can present an employer with important information about a prospective employee’s ability to undertake their proposed new role, either prior to or at the time an offer of employment is made. For example, there may be fitness requirements for a strenuous role, or a need to test vision for...
This article is listed under the following topics:
Discrimination and Equality Human Rights Recruitment and Selection

Are employers obliged to issue contracts, employee handbooks or company policies to non-Nationals in languages understandable to them?

Posted in: First Tuesday Q&A NI on 05/07/2011 There is no legislation specifically setting out an employer’s statutory duty to issue contracts, handbooks and policies to an employee in their native language. However, not doing so may put you at risk of potential discrimination claims. An employer should find out when recruiting an employee wha...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures Recruitment and Selection

In relation to employees on maternity leave and the need to notify them of vacancies, is it enough to advise them that there are vacancies available via the internet (assuming the employee has internet and email access) or do we have to inform them in writing?

Posted in: First Tuesday Q&A NI on 04/01/2011 The answer to this question really depends on the precise reason for notifying an employee on maternity leave of other vacancies: is it is because the employee's own job has become redundant or is it simply to make sure that the absent employee is kept informed about other opportunities in the same...
This article is listed under the following topics:
Working Time Recruitment and Selection

We recently recruited a senior manager who, we have since discovered, exaggerated and even lied outright on his CV. Can we take any action against him?

Posted in: First Tuesday Q&A NI on 05/10/2010 Perhaps the first consideration should be whether you still want the employee to work for you. If not, you will almost certainly have grounds to terminate his employment – but remember to follow an appropriate procedure to minimise his chances of successfully claiming unfair dismissal (depending on...
This article is listed under the following topics:
Dismissal Discipline and Grievance Recruitment and Selection

Recruitment and selection – when advertising an vacancy internally, is it lawful to say that 'Applications are invited for this position but it should be noted that an internal candidate has already been identified’?

Posted in: First Tuesday Q&A NI on 03/08/2010 From a practical point of view I would say there is little point in advertising a position if an internal candidate has already been identified as there is no legal requirement to advertise each and every new position of employment available. Your employees will have little incentive to apply for a...
This article is listed under the following topics:
Recruitment and Selection

Fixed term employees: is our website sufficient when notifying employees of upcoming job vacancies?

Posted in: First Tuesday Q&A NI on 02/06/2010 Fixed-term employees have a specific right to be informed of any permanent vacancies. Regulation 3(7) of the 2002 Fixed-term Employees Regulations states that an employee will be taken to have been ‘informed by his employer’ only if the vacancy is contained in an advertisement which the employee ha...
This article is listed under the following topics:
Policies and Procedures Recruitment and Selection

When recruiting for jobs, is it acceptable to include as a selection criterion the standard of English required in that job, providing you can justify the standard, just as you would any other skill. For instance, for cleaning posts, the standard might be basic, for some admin posts the standard could be conversational, and for mainly customer facing roles, fluent? The standard of both written and oral English could be specified?

Posted in: First Tuesday Q&A NI on 04/05/2010 The answer to this question is very likely to be yes. By way of background, the risk in carrying out a recruitment exercise is that an unsuccessful applicant will allege that he or she was unlawfully discriminated against during the recruitment process. In this case, the risk is that an applicant c...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection