First Tuesday Q&A

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

Are fixed term employees entitled to statutory redundancy pay if the fixed term contract is over 2 years in duration? 

Posted in: First Tuesday Q&A NI on 03/06/2014 Yes, a fixed-term employee will be entitled to a statutory redundancy payment if they have at least two years' service and the reason for the non-renewal or termination of their contract is redundancy. The non-renewal of a fixed term contract will, in the majority of cases, be for redundancy reason...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

What are the consequences of an individual accepting an offer of employment but then taking a different job?

A candidate accepted a job offer from our company. He signed and accepted a conditional offer letter and was due to start work next week. It has transpired that the candidate has been offered another job which he has accepted.

Posted in: First Tuesday Q&A NI on 03/06/2014 Once any conditions to which the offer was made subject have been satisfied and the employee has accepted the offer, a contract of employment will be in existence. Once confirmed that a contract of employment has been formed, any subsequent attempt to withdraw from it would require the employee to ...
This article is listed under the following topics:
Contracts of Employment Recruitment and Selection

Is there ever a safe way to force through a change in a contract?

Posted in: First Tuesday Q&A NI on 06/05/2014 An employee’s terms of employment are bound to change during the course of their employment, for example, annual pay increases and promotion of employees. These changes often happen by mutual consent and are unlikely to cause any legal or practical problems for employers. However, other changes suc...
This article is listed under the following topics:
Contracts of Employment

An employee was hired on a fixed term contract, however, soon after they were absent on grounds of sickness and the medical certificates submitted indicate a serious mental health issue with sick leave likely to extend for the foreseeable future. A three month probationary period applies to all new employees and no sick pay is given during the probationary period. Can the company dismiss on grounds of capability whilst the employee is absent on sick leave?

Posted in: First Tuesday Q&A NI on 06/05/2014 In issuing fixed term contracts, employer should be aware of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002. These essentially give fixed-term employees the right not to be treated less favourably than their full-time comparators unless the tr...
This article is listed under the following topics:
Sickness and Absence Contracts of Employment Probation

Contractual notice is 3 months. An employee gives 2 weeks' notice. What actions can the employer take?

Posted in: First Tuesday Q&A NI on 06/05/2014 The requirement to give notice is generally set out as an express term in the contract of employment, as appears to be the case here. A failure to give the required notice by either party is likely to constitute a breach of contract. There are numerous options available to an employer when the empl...
This article is listed under the following topics:
Contracts of Employment

What can I do if employees, who have been with the company for many years, who had not previously signed a contract, refuse to sign one now?

Posted in: First Tuesday Q&A NI on 04/03/2014 In this situation the employee should be advised, that whilst no contract has been evidenced in writing, a contract of employment is already in existence by virtue of the party’s relationship over the preceding number of years. Ideally the contract of employment would be a comprehensive document, a...
This article is listed under the following topics:
Contracts of Employment

What are the legal requirements when providing references, what are we obliged to do?

Posted in: First Tuesday Q&A NI on 04/03/2014 There is strictly speaking no legal obligation on an employer to provide a reference for an employee or ex-employee and employers are therefore generally entitled to refuse to provide a reference. There are however some limited exceptions to this general rule, such as: 1. Discrimination: Failure to...

When an employee resigns, what does an employer have to pay in respect of holiday pay and benefits? How are these payments affected in circumstances where the employee does not work their notice period?

Posted in: First Tuesday Q&A NI on 04/02/2014 When an employee resigns what they are entitled to receive will largely depend on what is contained in their contract of employment, and further, to what extent both parties have been willing to adhere to the agreed terms. With holiday payments, in the event of any termination the employee will be ...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Pay and Conditions of Employment

Can we renew a fixed term contract beyond 4 years, if funding is renewed for a specific project and additional term?

Posted in: First Tuesday Q&A NI on 04/02/2014 By way of re-cap, the fixed term employee regulations confirm that employees who have been continuously employed for four years or more on a series of successive fixed-term contracts are automatically deemed to be permanent employees (i.e. employed on an indefinite contract) unless the continued us...
This article is listed under the following topics:
Contracts of Employment

How enforceable are non-compete clauses in an employment contract?

Posted in: First Tuesday Q&A NI on 07/01/2014 A non-compete clause in an employment contract is one of the most common types of restrictive covenant. The difficulty with non-compete clauses, from an employer's point of view, is that as with any part of a contract of employment, employees have a number of statutory rights, regardless of what th...
This article is listed under the following topics:
Contracts of Employment