First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

What are the implications of checking a candidate’s social media profile under the GDPR?

Posted in: First Tuesday Q&A NI on 01/05/2018 Social media screening prior to employment is common place and can be a valuable tool for employers. The difficulty for employers arises when they have to distinguish between information that is helpful in making employment decisions and information that is not but reveals the candidate’s personal ...

What would be deemed a manifestly unfounded or excessive SAR under the GDPR?

Posted in: First Tuesday Q&A NI on 01/05/2018 Under the GDPR, a SAR must be complied with free of charge except in circumstances where the request is manifestly unfounded or excessive. However, there is minimal guidance in the Data Protection Bill 2017 as to what types of request would be deemed excessive or unfounded. It is likely that repeat...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

How should we deal with a disabled employee who has frequent short-term absences?

Posted in: First Tuesday Q&A NI on 01/05/2018 Where absences are due to an employee’s disability, an employer will have to tread very carefully to avoid a claim of disability discrimination under The Disability Discrimination Act 1995. However, we appreciate that frequent absences can be very disruptive to an employer. As a practical step, an ...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality Policies and Procedures

Please provide guidance for employers regarding career breaks

Posted in: First Tuesday Q&A NI on 01/05/2018 A career break is a term used to define a long period of unpaid leave during which the employment contract remains intact. However, sometimes employers will request that employees going on a career break resign and then re-apply for their job, if available, when they are ready to return to work. Th...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Policies and Procedures

Can HR challenge the individual’s assertion that it is a whistleblowing complaint at the point the complaint is made or can the complaint be dismissed where we think the complainant is acting in bad faith or may even be lying?

Posted in: First Tuesday Q&A NI on 03/04/2018 A whistle-blowing complaint is essentially a disclosure about an employer’s malpractice or any type of wrong-doing that the employee believes is genuinely in the public interest. The following types of malpractice are covered: criminal offences; failure to comply with a legal obligation; miscarria...
This article is listed under the following topics:
Unfair Dismissal Whistleblowing (Protected Disclosures)

Please set out key requirements and things that might catch an employer out in relation to maternity leave and maternity rights before and after leave has been taken. 

Posted in: First Tuesday Q&A NI on 03/04/2018 Maternity rights - before leave is taken Right to time off for ante-natal care All pregnant employees, regardless of length of service, are entitled to a reasonable time off work for antenatal care. This time off must be paid at the normal remuneration rate. Employers should be aware that ante-nata...
This article is listed under the following topics:
Discrimination and Equality Pay and Conditions of Employment

Can employment be terminated during the probationary period? If so, what are the risks to employers?

Posted in: First Tuesday Q&A NI on 03/04/2018 The purpose of a probationary period is to assess whether the employee is suitable for the job. Probationary periods can be for varying periods of time, but standard practice is generally six months. We recommend that provision is also included in the contract of employment for the extension of the...
This article is listed under the following topics:
Disciplinary and Grievance Issues Probation

Please explain the changes to subject access requests when GDPR is implemented in May

Posted in: First Tuesday Q&A NI on 03/04/2018 The main changes to the SAR regime are procedural, as outlined below. Further, given the proximity of the GDPR’s implementation, it would be prudent to develop a standard response letter to SARs. Electronic access: requests are permitted to be made electronically (most commonly by email, but social...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

Q&A: Appointing a Data Protection Officer under the GDPR

Posted in: First Tuesday Q&A NI on 06/03/2018 This month’s First Tuesday Q&A article considers questions that were submitted by audience members as part of Legal Island’s Annual Review of Employment Law conferences 2017, with a specific focus on the GDPR. The need to understand and appreciate the strict obligations on employers with regard...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

An employee has said that they are stressed and has asked for a reasonable adjustment to be made, for example, time off. Do we have to facilitate this?

Posted in: First Tuesday Q&A NI on 06/02/2018 The first step that an employer must take is to ascertain if the employee is suffering from a disability for the purposes of the Disability Discrimination Act 1995. It would be prudent to seek advice from occupational health on this issue. If occupational health confirm that the employee does suffe...