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First Tuesday Q and A

We’ve found 416 results

Features

How much parental leave is an employee entitled to annually?

Posted in: First Tuesday Q&A NI on 03/01/2017 From 5 April 2015, an employee is entitled to 18 weeks’ unpaid parental leave for each child and adopted child, up to their 18th birthday. The limit on how much parental leave each parent can take in a year is 4 weeks for each child (unless the employer agrees otherwise). Furthermore, an employee m...
This article is listed under the following topics:
Working Time and Leave
Features

If employees go to a bar after an official workplace social event and have an argument, should the altercation be considered a workplace issue and are the company liable for any injuries caused?

Posted in: First Tuesday Q&A NI on 03/01/2017 The conduct of employees at out of office events and parties can be a difficult issue for employers to address. Employers can be vicariously liable for the conduct of their employees out of office, especially if employees are attending events in the course of their employment. The key issue for emp...
This article is listed under the following topics:
Disciplinary and Grievance Issues Health and Safety
Features

If an employee raises a grievance during a disciplinary process should we run the matters concurrently or must we suspend the disciplinary procedure to investigate the grievance?

Posted in: First Tuesday Q&A NI on 06/12/2016 Employees often submit grievances during disciplinary procedures, either regarding the procedure itself or the circumstances leading up to the initiation of that procedure. The Labour Relations Agency (the “LRA”) Code of Practice guide does not specifically refer to this issue, but the non-statutor...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

If an employer makes an employee redundant but then offers the same employee another job, is the employee still entitled to a redundancy payment?

Posted in: First Tuesday Q&A NI on 06/12/2016 The Labour Relation’s Agency’s (the “LRA”) advice on handling redundancy states that if an employee has been offered continued employment as an alternative to redundancy, the employee is not entitled to receive a redundancy payment. Simply, this is because the employee's employment is continuous a...
This article is listed under the following topics:
Redundancy and Reorganisation
Features

If an employee refuses to sign the minutes of a meeting, what precautionary measures can an employer take?

Posted in: First Tuesday Q&A NI on 06/12/2016 The Labour Relations Agency’s (the “LRA”) Code of Practice on Disciplinary and Grievance Procedures (the “Code”) emphasises the need to keep written records, including formal minutes of meetings. However, the Code is silent on anything else regarding minutes, including what should be included or ev...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

Can you confirm how long training records should be kept for?

Posted in: First Tuesday Q&A NI on 06/12/2016 Keeping accurate training records will ensure that employers manage staff effectively and can be useful when carrying out appraisals, recruitment processes and further training and in monitoring equal opportunities. Employers are required to retain certain types of records for their employees and t...
This article is listed under the following topics:
Policies and Procedures
Features

An employee has issued an appeal outside our time limits in the disciplinary procedure. May we reject his appeal on the ground that it is too late or might this be held against us if he pursues a legal claim?

Posted in: First Tuesday Q&A NI on 01/11/2016 If an employee has received a disciplinary warning, they have the right to appeal the employer’s decision. Employer’s should explain this right to appeal in writing and should stipulate any deadlines for making an appeal. This is usually around five working days. Employers should consider all the s...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

We have caught two employees slacking at work. Can we run the disciplinary hearings together as one and must we give them the same penalties, assuming both are found guilty?

Posted in: First Tuesday Q&A NI on 01/11/2016 If an employer wants to carry out a joint disciplinary hearing, certain safeguards would need to be met to ensure neither employee is prejudiced by this. For example, there could be a risk of acting unfairly if the employer hears and decides employee A’s case before hearing all the evidence in empl...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

We sent a letter to an employee inviting her to a disciplinary hearing. We received a sick note by return, citing ‘stress’. What can we lawfully do to get the hearing underway? We suspect she is trying to avoid the situation – there’s no history of stress on her record.

Posted in: First Tuesday Q&A NI on 01/11/2016 Employers must consider two main issues when an employee cites ‘stress’ during a disciplinary process. These have to be considered even if the employer is suspicious over the employee’s claim. The first issue an employer must consider is whether stress, anxiety or a mental health issue could have c...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

One of our employees committed an offence at work two days after a previous warning expired for a similar misdemeanour. Is it lawful to take the old warnings into account? It’s only two days after the expiry of the warning but the hearing might not be able to be held for a couple of weeks, so it will really be 14-16 days after expiry before we can make any decision.

Posted in: First Tuesday Q&A NI on 01/11/2016 Whether or not an employer can take account of an expired warning will depend on the employee in question’s contract of employment, the warning letter issued by the employer, and on the company’s disciplinary procedure. If any of these materials stipulate expired warnings cannot be taken into accou...
This article is listed under the following topics:
Disciplinary and Grievance Issues