First Tuesday Q&A

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

What are the Potentially Fair Reasons for Dismissing an Employee?

Posted in: First Tuesday Q&A NI on 06/09/2023 Within the workplace, dismissals can be unavoidable – however, the key thing for employers to remember is to ensure any dismissal carried out is for a fair reason. According to Article 130 of the Employment Rights (Northern Ireland) Order 1996, there are five potentially fair reasons for dismissal....
This article is listed under the following topics:
Dismissal Redundancy Discipline and Grievance

If an employee requests voluntary redundancy is their employer still bound by dismissal procedures?

Posted in: First Tuesday Q&A NI on 03/05/2022 Even if an employee has requested redundancy they are still technically 'dismissed' and entitled to their employment rights. The voluntary nature of the redundancy should not be mistaken for the employee resigning. An employer should ensure that the correct process for redundancy is followed regard...
This article is listed under the following topics:
Dismissal Redundancy

Why might an employer face criminal prosecution if a collective redundancy process is not followed correctly?

Posted in: First Tuesday Q&A NI on 05/04/2022 There has been considerable media attention on P&O Ferries after it made 800 staff redundant with immediate effect, resulting in accusations that the correct redundancy process had not been followed and also accusations that P&O should face criminal proceedings. The staff of P&O Ferries...
This article is listed under the following topics:
Redundancy Collective and Trade Union Issues

Where an employee who has been made redundent is invited to apply for another role with an employer, are they entitled to claim statutory redundency payment if the decide not to apply?

Posted in: First Tuesday Q&A NI on 07/12/2021 Employees with at least two years’ continuous employment are entitled to a redundancy payment when they are dismissed by reason of redundancy. It is a question of fact whether an employee has firstly been dismissed and secondly whether it is by reason of redundancy. For example, an employee is not ...
This article is listed under the following topics:
Redundancy Pay Employee Engagement

Does a week of annual leave count as a week on lay-off?

Posted in: First Tuesday Q&A NI on 01/12/2020 If an employee has been on lay-off for four or more consecutive weeks or for six weeks in any 13 week period, they are entitled to claim for a statutory redundancy payment. ‘Lay-off’ is narrowly defined under article 182(1) of the Employment Rights (Northern Ireland) Order 1996 and means a situatio...
This article is listed under the following topics:
Redundancy

Is an employee that rejects an offer of suitable alternative employment entitled to notice pay in a redundancy scenario?

Posted in: First Tuesday Q&A NI on 02/06/2020 If an employee unreasonably refuses suitable alternative employment in a redundancy scenario, they are treated as dismissed. This means that an employee could lose their right to a statutory redundancy payment (provided that they were otherwise eligible e.g. two years continuous service). However, ...
This article is listed under the following topics:
Redundancy Contracts of Employment Pay

In what circumstances can employees claim statutory guarantee payments?

Posted in: First Tuesday Q&A NI on 05/05/2020 Statutory guarantee payments are covered under Part V (Article 60 – Article 67) of the Employment Rights (Northern Ireland) Order 1996. They are statutory payments which aim to provide a degree of financial assistance to employees who are subject to temporary lay-off or short time working (provided...
This article is listed under the following topics:
Redundancy Pay Coronavirus/Covid-19

Can prescribed information under the ERO 1996 be given via email in a collective redundancy situation?

Posted in: First Tuesday Q&A NI on 01/10/2019 Where an employer is proposing to dismiss as redundant 20 or more employees within any period of 90 days or less, it has statutory obligations to: (a) inform appropriate representatives; (b) consult appropriate representatives; and (c) notify the Department for the Economy. Art 216(6) of th...
This article is listed under the following topics:
Redundancy Collective and Trade Union Issues

What constitutes “one establishment” for collective consultation purposes?

Posted in: First Tuesday Q&A NI on 07/05/2019 Collective redundancy is a highly contentious issue and we recommend that bespoke legal advice is sought if your business is experiencing a potential redundancy situation. Firstly, an employer who is proposing to dismiss as redundant 20 or more employees at “one establishment” within a period of 9...
This article is listed under the following topics:
Redundancy Collective and Trade Union Issues Pay

In a redundancy situation, are workers with less than one year’s service counted for the purposes of triggering statutory collective consultation obligations? 

Posted in: First Tuesday Q&A NI on 03/12/2018 Under the Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRCA’), where an employer is proposing to make 20 or more employees redundant at one establishment within a 90 day period, it must: Inform; Consult; and Notify the Department for the Economy. In the redundancy context, an emp...
This article is listed under the following topics:
Redundancy Collective and Trade Union Issues