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First Tuesday Q and A

We’ve found 416 results

Features

For new employees joining a company, can we wait until their probationary period of 6-months has been completed before auto-enrolling them in the pension scheme?

Posted in: First Tuesday Q&A NI on 07/03/2017 Employers can postpone auto-enrolment for a period of up to 3 months to delay the enrolment of a new probationary employee. The maximum deferment is 3 months, and so it will not cover the whole of any extended probationary period. A new employee must therefore be auto-enrolled after the deferred pe...
This article is listed under the following topics:
Pensions Probation Pay and Conditions of Employment
Features

Can we enforce a policy that annual leave must be taken within the leave year and not allow any carry forward of holidays?

Posted in: First Tuesday Q&A NI on 07/03/2017 Statutory leave under the Working Time Regulations (Northern Ireland) 2016 may only be taken in the leave year in respect of which it is due. There is therefore no right under the WTR for an employee to carry forward untaken holiday from one leave year to the next and no right for an employer to de...
This article is listed under the following topics:
Working Time and Leave
Features

Can an individual who gives evidence during a workplace investigation request anonymity? 

Posted in: First Tuesday Q&A NI on 07/03/2017 If the witness asks to remain anonymous, you should explore the reason for this request and any underlying motive. There are a number of reasons why someone may request anonymity: they may genuinely be fearful of violence or other repercussions or simply may not want to be seen as a 'snitch'. You s...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

Where an employer is carrying out a disciplinary investigation into an employee’s misconduct at work, what are the implications if the police become involved?

Posted in: First Tuesday Q&A NI on 07/03/2017 The initiation of criminal proceedings and police involvement can have certain implications in terms of how a workplace investigation is carried out. It is important to note that an employer must generally make its own enquires despite the commencement of a police investigation. The employer cannot...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

Can audio recordings be used as evidence in a tribunal hearing or should notes be taken when carrying out a workplace investigation?

Posted in: First Tuesday Q&A NI on 07/02/2017 The use of an audio recording device should generally only be employed if your policy specifically allows for this, or with the agreement of the interviewee. However, we would generally advise that recording a meeting may be intimidating to the interviewee and can, as result, make them less willing...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

What role should HR play in a disciplinary investigation?

Posted in: First Tuesday Q&A NI on 07/02/2017 HR personnel will frequently be called upon to provide support and guidance to decision makers during disciplinary investigations. Whilst this is certainly an important function, persons working in HR should be mindful of the limitations of their role and their influence during such investigations....
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

Our policy does not permit a solicitor to attend a disciplinary hearing. Only a colleague or trade union representative may attend. Is this lawful?

Posted in: First Tuesday Q&A NI on 07/02/2017 There is no general right under Northern Irish law for an employee to have a legal representative at a disciplinary hearing, however, some employees (for example, NHS hospital doctors) may have a right under their contracts of employment (as was the case in Kulkarni v Milton Keynes Hospital Foundat...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

Can an employer pay an employee in lieu of annual leave that has accrued while the employee was on sick leave? 

Posted in: First Tuesday Q&A NI on 07/02/2017 The Working Time Regulations (Northern Ireland) 2016 provide that an employee’s statutory holiday entitlement may not be replaced by a payment in lieu, except where the worker's employment is terminated. If you pay a worker in lieu, rather than allowing them to take their holiday in a given leave y...
Features

It has come to our attention that an employee has made derogatory comments about their manager on social media. The individual’s Facebook page is set to private; however, a colleague who is a friend on Facebook viewed the comment and informed management and would like to be kept anonymous. How can HR approach this situation?

Posted in: First Tuesday Q&A NI on 03/01/2017 Recent case law has demonstrated that employers can find it difficult to deal with alleged misconduct involving an employee's use of social media sites such as Facebook. The first difficulty for employers is how this specific type of misconduct is characterised, for example, whether the misconduct ...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

Are employers required to credit an employee for Bank/Public Holidays on top of their annual leave allowance while on maternity leave?

Posted in: First Tuesday Q&A NI on 03/01/2017 Calculating annual leave entitlement in cases of maternity leave can cause considerable difficulties for employers. As a starting point, employers should always check their contracts of employment, together with any policies dealing with annual leave and/ or maternity. Do they state that employees ...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave