First Tuesday Q&A

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

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

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...

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

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

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

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

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

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

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

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