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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Where an Employee Has Left Employment but is Then Found to Have Acted Fraudulently, Can The Employer Bring a Claim For Breach of Contract?

Posted in: First Tuesday Q&A NI on 02/11/2021 Within an employer’s disciplinary rules or disciplinary procedure there will usually be a list, or examples, of what constitutes gross misconduct. This list will usually include fraud. Therefore, fraud on the part of an employee is likely to amount to a fundamental breach of contract that, if the e...
This article is listed under the following topics:
Discrimination Contracts of Employment Tribunal Practice Procedures and Jurisdictional Issues

Do employment tribunals have jurisdiction to hear money claims made by a former employee for underpaid employer pension contributions?

Posted in: First Tuesday Q&A NI on 05/10/2021 The EAT in Somerset County Council v Chambers UKEAT/0417/12 confirmed that pension contributions are excluded from the definition of “wages”. Therefore, a claim for underpaid employer pension contributions would most likely be brought as a breach of contract claim. The claimant can choose to bring ...
This article is listed under the following topics:
Pensions Tribunal Practice Procedures and Jurisdictional Issues

If A Company Based In NI Is Employing Someone Who Will Be Based In England, Should The Governing Law Of The Employment Contract be the Law Of England Or NI?

Posted in: First Tuesday Q&A NI on 03/08/2021 The parties to the employment contract are free to choose the law that will govern the contract. However, the parties’ choice of governing law will not displace the "mandatory rules" that would have applied in the absence of choice. Mandatory rules cover issues such as notice rights, method of term...
This article is listed under the following topics:
Contracts of Employment Flexible Working Tribunal Practice Procedures and Jurisdictional Issues

What should an employer do if an employee who has submitted a grievance then submits a claim to the tribunal before the grievance has been dealt with?

Posted in: First Tuesday Q&A NI on 07/08/2018 Firstly, employers should note that there is no legislative prohibition on an employee commencing a tribunal claim before their grievance has been concluded. In fact, it is relatively common for employees or ex-employees to bring a claim prior to a grievance outcome being reached. This is due to th...
This article is listed under the following topics:
Discipline Contracts of Employment Policies and Procedures Tribunal Practice Procedures and Jurisdictional Issues

What are the implications of Brexit for Northern Ireland’s employers?

Posted in: First Tuesday Q&A NI on 02/08/2016 What does Brexit mean for the status of our employment laws? The extent to which our employment laws will be affected will be largely dependent upon the economic relationship /trade arrangement to be agreed between the UK and the remaining 27 member states of the EU. It is likely, however, that th...
This article is listed under the following topics:
Discrimination Working Time Data Protection and GDPR Transfer of Undertaking (TUPE) Pay Tribunal Practice Procedures and Jurisdictional Issues