Data Subject Access Request from a Former Employee

Posted in: How do I handle it NI on 12/05/2015 A former employee has requested e-mail correspondence which contains information about her. Do we have to respond to a request from someone who is no longer an employee? If so, there are thousands of e-mails that might contain details which relate to her. Can we take the position that we will not r...

Contractual Provisions Surrounding an Arrangement & Transfer of Services

Posted in: How do I handle it NI on 21/04/2015 We currently provide services to clients by way of an arms-length arrangement and have staff who regularly provide services to one particular client. The client is considering terminating that arrangement and either doing the work themselves, or possibly passing it to another contractor. What happe...

Undeclared Criminal Convictions

Posted in: How do I handle it NI on 10/03/2015 We have just found out that an employee has a criminal conviction which he did not declare on his application form when he applied to work at our company, despite being asked to do so. What are we able to do about this?Lindsay Gibson writes:How you can deal with this situation fairly and lawfully, ...

Frustration of Contract

Posted in: How do I handle it NI on 10/02/2015 We have an employee who has been absent due to sickness for two years. For the last year the employee has not provided any evidence of ongoing sickness and we have not attempted to contact him. Due to the length of absence can we now say that his contract is terminated by frustration?Sharon McArdle...

Mitigating Factors of Gross Misconduct Issue

Posted in: How do I handle it NI on 15/01/2015 I am in the middle of a disciplinary process with an employee for a gross misconduct issue and he has asked me to look at mitigating factors. The investigation has already found that there has been a breach of policy, which falls within our definition of gross misconduct. Surely this means dismissa...

Trade Union Recognition

Posted in: How do I handle it NI on 09/12/2014 Whilst we have a number of union members amongst our employees, we do not have any formal agreement with the Trade Union. I have now received a request for recognition from the Union and would like to know how to respond to this?Patricia Rooney of Tughans writes:The course of action available to yo...

Alcohol Misuse by Employees over the Festive Period

Posted in: How do I handle it NI on 11/11/2014 We have a number of work-related social events coming up over the festive period, but I have concerns about employees who may over-indulge at these events and either return to work or come in the next day still under the influence of alcohol. How do I handle it?Rachel Richardson, Tughans writes:The...

Football Shirts in the Workplace

Posted in: How do I handle it NI on 14/10/2014 One of our employees is wearing a Rangers football top in the workplace. We are concerned that this may be upsetting other employees, what should we be doing about this? Rachel Richardson, Tughans Solicitors, Belfast writes: The legislation in Northern Ireland governing this issue is the Fair Emplo...

Transfer of Employment

Posted in: How do I handle it NI on 09/09/2014 We have recently insourced building maintenance work after unsuccessfully outsourcing this work some 18 months ago. We have an individual (the former Building Maintenance Manager) claiming that they ought to have transferred employment to us upon insourcing. When we outsourced business maintenance,...

Garden Leave and Restrictive Covenants

Posted in: How do I handle it NI on 12/08/2014 One of our senior employees has tendered his resignation. He has given the 3 month notice period required under his contract. I think he is going to work for one of our competitors after he leaves. Are there any steps I can take to protect the Company should this happen? Patricia Rooney, Tughans So...