The Validity of Unsigned Employment Contracts in Northern Ireland

Posted in: Essential Guide to Employment Contracts on 20/03/2023 Employers frequently ask whether an employment contract is legally binding if it was never signed. Whether an employer wishes to use an unsigned contract to support or quash a claim, the position is the same - an employment contract does not have to be signed by both parties for it to be legally bi...

Using Settlement Agreements to Prevent Future Claims: A Thing of the Past?

Posted in: Essential Guide to Employment Contracts on 31/01/2023 Background The recent decision in Bathgate v Technip UK Ltd has limited the scope of Settlement Agreements in quashing future discrimination claims. The Claimant, Mr Bathgate, worked for the Respondent for 20 years before agreeing to take voluntary redundancy and entering into a Settlement Agreemen...

Unlawful Deductions From Wages

Posted in: Essential Guide to Employment Contracts on 24/05/2022 Unlawful deductions from wages (“UDW”) are commonplace and yet it’s an area of HR that many businesses get wrong. Businesses often then leave themselves open to Tribunal claims from their staff for the deductions from wages that they make. Businesses can be liable for unlawful deductions claims eve...

Territorial Issues - What Law and Jurisdiction Applies to Employees Who Work Partly Outside NI?

Posted in: Essential Guide to Employment Contracts on 21/03/2022 Working from home and remotely has thrown up a large number of issues for employers, including on this island in particular, where employees may easily split their working time across Northern Ireland and the Republic of Ireland. This can lead to confusion over which law applies if the employer is ...

Income Protection Policies and Dismissals

Posted in: Essential Guide to Employment Contracts on 30/11/2021 Income protection policies are a popular employee benefit. However, they throw up a few legal and practical issues that should be addressed to ensure employees are clear on the extent of the benefit and that employers mitigate against the risk of breach of contract and unfair dismissal claims. Inco...

Do Your Employment Contracts Reflect The Needs Of The Business?

Posted in: Essential Guide to Employment Contracts on 28/09/2021 Better Business Act The Better Business Act (“BBA”) coalition recently proposed an amendment which, if passed, would change the focus of the director’s duty set out in section 172 of the Companies Act 2006 from being a duty “to promote the success of the company” to being a duty “to advance the pur...

The Impact Of Remote Working On Jurisdiction Of Employment Contracts

Posted in: Essential Guide to Employment Contracts on 27/07/2021 The Impact Of Remote Working On Jurisdiction Of Employment Contracts Now more so than ever, the territorial scope of UK/ NI employment law is an important issue for employers and employees alike. The evolving global market coupled with the recent Covid-19 pandemic has prompted a growing increase in...

Striking the Right Balance - The Impact of Strikes on Employment Contracts

Posted in: Essential Guide to Employment Contracts on 25/05/2021 In the current climate, change to working conditions, hours and relationships is inevitable. The end of Furlough and other business supports could bring turbulent times. Contracts of employment can be successfully varied using the correct process and sufficient consultation, but the employee strike...

Avoiding Discrimination in Pre-employment Health Questions

Posted in: Essential Guide to Employment Contracts on 22/03/2021 Introduction During the recruitment process, employers should carefully consider the need to make reasonable adjustments for any disabled candidates that apply. One way that employers can do this is through pre-employment questions. There is a balance to be struck with pre-employment questions a...

Right To Work Checks After Brexit

Posted in: Essential Guide to Employment Contracts on 25/01/2021 All employers must conduct right to work checks when recruiting new staff. The civil and criminal penalties for not doing so are severe, so it’s key that employers get this right. An employer can be fined up to £20,000 for each illegal worker it hires, and individuals can also face up to 5 years’ i...