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...

Employee off with Depression

Posted in: How do I handle it NI on 16/07/2014 We have an employee with a poor record of attendance. In accordance with our Absence Policy the employee was advised at a Return to Work meeting that his attendance was being monitored, and after a series of unrelated absences he was issued with a Verbal Warning. He was also advised that a further ...

Employee Handbook NI and ROI

Posted in: How do I handle it NI on 17/06/2014 We are an employer based in Northern Ireland but we have recently opened an operation in the Republic of Ireland. We have issued contracts of employment to staff based in ROI and I now need to update our Employee Handbook. The Directors of the Company would like one handbook to apply to both Operat...

Retirement Procedures

Posted in: How do I handle it NI on 13/05/2014 Our Company has continued to use the retirement procedures because we consider that we require a normal retirement age. However, one of our employees has recently challenged a notice of retirement that we have issued. How do I handle it? Sharon McArdle, Tughans Solicitors, Belfast writes: The statu...