Enhanced Maternity Pay

Posted in: How do I handle it NI on 13/10/2015 Our company’s policy is to offer only statutory maternity pay, with no enhanced company maternity pay scheme in place. However, I have been approached by a manager who wants to provide enhanced maternity pay for a high-performing employee in her team. How do I handle it? Lindsay Gibson writes: Ther...

Post-Termination Restrictive Covenants

Posted in: How do I handle it NI on 08/09/2015 I am worried about our senior employees joining a competitor and using our confidential information, if they leave employment with us. There are no post-termination restrictive covenants in their service agreements. How do I handle it? This is not a straightforward query and it is fraught with lega...

Representation in a Disciplinary Hearing

Posted in: How do I handle it NI on 11/08/2015 One of our employees is involved in a disciplinary process. He has asked for a named trade union representative to accompany him to the disciplinary hearing. The Company have had issues with this particular representative before and would prefer that he did not attend as the employee’s companion. D...

Upholding an Appeal and Demoting an Employee

Posted in: How do I handle it NI on 21/07/2015 One of our employees was dismissed for a recurrence of misconduct and he appealed the decision. I have decided to uphold the employee’s appeal against the decision to dismiss him, and want to demote the employee instead. How do I handle it? Lindsay Gibson writes:(A) Is there a Contractual Right to ...

Redundancy Selection

Posted in: How do I handle it NI on 09/06/2015 I am an HR Manager and am about to start a redundancy consultation exercise within our company, we plan to make around ten redundancies. I’ve been told that I can select employees for redundancy, without consulting with the employees at all beforehand about the redundancy process. I am concerned th...

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...