First Tuesday Q&A

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

As an employer do I have to comply with the new General Data Protection Regulation? If yes, how can this be accomplished?

Posted in: First Tuesday Q&A NI on 01/08/2017 The General Data Protection Regulation (“GDPR”), which comes into force on 25 May 2018, imposes strict accountability obligations on data controllers and data processors to: ensure that data, and data consents, collected prior to 25 May 2018 is brought into line with the new requirements; mainta...

Can we extend the probationary period beyond 12 months?

Posted in: First Tuesday Q&A NI on 04/07/2017 A probationary period will be found in most contracts of employment. Broadly, they are an initial trial period during which an employer will assess the suitability of an employee for their positon. They will generally be set for an initial period defined in the contract and the terms of each probat...
This article is listed under the following topics:
Contracts of Employment Probation

An employee has been involved in an incident which may be considered to be gross misconduct that we think warrants immediate dismissal under the terms and conditions contained in the employment handbook. Is it possible to dismiss this employee without a disciplinary hearing given their alleged gross misconduct?

Posted in: First Tuesday Q&A NI on 04/07/2017 Often employers’ disciplinary procedures or employment contracts will provide circumstances that result in immediate dismissal without notice or pay in lieu of notice. Typically, these circumstances will include acts of gross misconduct. Despite the fact that such a provision seems to imply that a ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment Policies and Procedures

What is the liability in relation to the termination of an employment contract during a probationary period?

Posted in: First Tuesday Q&A NI on 02/05/2017 In terms of liabilities for statutory employment claims, unfair dismissal generally isn’t likely to be a risk because the employee won’t have accrued the one year’s service necessary to bring such a claim (assuming the probationary period is for less than this period). However, employers should be ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment Probation

How do I calculate annual leave entitlement for an employee working 9am - 5.30pm Monday to Friday with a 30-minute lunch break and 9am to 1pm on Saturday with no break? I realise the Working Time Regulations recognise a maximum 5 day week, but in this instance, the working days are not all the same length, therefore the leave must be calculated in hours, so do I include Saturday hours?

Posted in: First Tuesday Q&A NI on 04/10/2016 In the first instance, you should check the employee’s contract of employment. The contract of employment should stipulate either the amount of leave an employee is to receive or whether or not leave is to be calculated by hours or days worked per week. If an employee works, for example, 41.5 hours...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

Is it ever appropriate for an employer to argue frustration of contract, for example, if an employee is given a prison sentence of 3 or more years for an offence that is no way connected with their employment?

Posted in: First Tuesday Q&A NI on 06/09/2016 Case law confirms that a custodial sentence imposed on an employee is capable of frustrating the contract of employment but whether it does or not depends on the circumstances of the case with the length of the term to be served by the employee being a significant factor to be considered. Tribunals...
This article is listed under the following topics:
Contracts of Employment

An employee who works with us handed in her resignation two weeks ago and proceeded to work her required notice period and is currently still in employment. This employee has now reneged and has requested to withdraw her resignation. Does the employer have an obligation to fulfil the employee’s request?

Posted in: First Tuesday Q&A NI on 06/09/2016 The starting position here is that, once notice has been given (whether orally or in writing), it cannot be unilaterally withdrawn. In order for the resignation to be withdrawn, both parties need to consent to the withdrawal. However, employers should exercise particular caution where an employee h...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

Please provide some guidelines on current retirement legislation as regards employment contracts

Posted in: First Tuesday Q&A NI on 05/07/2016 The law on retirement has changed considerably in recent years. Although compulsory retirement clauses were once common features in contracts of employment, their current use is rare following the abolition of the default retirement age. Compulsory retirement is now also potentially unlawful age di...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment Policies and Procedures

What are the legal implications for workers who normally work only during the day but may be required to do an infrequent night shift?

Posted in: First Tuesday Q&A NI on 05/07/2016 It is important at the outset to consider the relevant wording regarding working hours contained in your contracts of employment. Where a worker does not have to work at night under their contract, you will usually need the worker’s agreement to change his or her hours as this will normally be a va...

Do variation clauses in a contract of employment give an employer a unilateral right to make reasonable changes that go to the root of the employment terms, e.g. relocation and redundancy terms?

Posted in: First Tuesday Q&A NI on 06/06/2016 If there is an express provision for the employer to change certain terms within the employment contract, it is likely that the employer would be permitted to change a particular term provided that the employer does not act in an arbitrary or unreasonable manner. Even where an express provision exi...
This article is listed under the following topics:
Contracts of Employment