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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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 Flexible 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

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 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 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 are a charity in receipt of funding for a variety of staff posts, many of whom are on fixed term contracts. It is often our practice to extend contracts when funding allows for this. My query is are we obliged to issue a new contract each time we extend the term of an employee's employment or is it sufficient to issue the employee with a letter simply stating that the contract is extended until a specific time in the future. I’d also be interested to know if a letter would suffice for internal employees who take on new duties during maternity cover i.e. will a letter explaining new duties be enough or again are we obliged to issue a contract?

Posted in: First Tuesday Q&A NI on 05/10/2010 A simple side agreement or letter of variation to the FTCs should suffice in these circumstances assuming that the employee consents to the proposed extended duration change. This document should be signed by both the employer and employee and held together with the contract of employment with a co...
This article is listed under the following topics:
Contracts of Employment 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 Recruitment and Selection