First Tuesday Q&A

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

An employee does not wish to disclose her illness. 9 weeks of certificates stating, “unfit for work” have been received. Can a company doctor disclose the illness to the employer or can we insist on knowing the nature of the illness or move to dismissal or some other action?

Posted in: First Tuesday Q&A NI on 08/01/2013 Under the Access to Personal Files and Medical Reports (NI) Order 1991 (the Order) an employer cannot request a report from an employee’s own doctor without the employee’s consent, which should be recorded in writing. While referring an employee to a company doctor (which we assume to be the case h...

Is it possible to extend a six month probationary period by another six months at the end of the six months?

Posted in: First Tuesday Q&A NI on 07/08/2012 It is possible to extend a six month probationary period by an additional six months. It is advisable, however, that you first check the wording of the existing probationary period clause to see if it allows any scope for the probationary period to be extended. If it doesn’t allow for an extension ...
This article is listed under the following topics:
Contracts of Employment Probation

Does a pregnant employee lose her entitlement to Statutory Maternity Pay if she is made redundant before she goes on maternity leave? What happens if the business has become insolvent? What happens if the employee was entitled to a contractual enhanced maternity payment?

Posted in: First Tuesday Q&A NI on 07/08/2012 If a woman has qualified for SMP from you then you are still liable to continue to pay SMP to her where she leaves your employ for whatever reason including redundancy. However if, after the baby is born, your employee or ex-employee starts work for another employer who did not employ her in the 15...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

We employ seasonal ‘summer’ workers. If we employ them for successive summers are they covered by unfair dismissal legislation/expectation of summer work under custom and practice?

Posted in: First Tuesday Q&A NI on 07/08/2012 In order to have unfair dismissal rights, the seasonal 'summer' worker must qualify as an employee AND also be able to prove one year of continuous employment. As regards the expectation of summer work under custom and practice, employers should be aware of the GB Employment Appeal Tribunal case of...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment A-Typical Working Recruitment and Selection

Is a staff member on a fixed term contract for a duration of more than two years entitled to a redundancy payment or does the contract end by reaching the agreed specified date? If there is a redundancy entitlement, must fair selection criteria be met before ending the fixed term contract?

Posted in: First Tuesday Q&A NI on 03/07/2012 This member of staff would have unfair dismissal rights by reason of being in employment for more than one year. The question to ask, therefore, to help mitigate against the risk of an unfair dismissal claim, is what is the reason for the dismissal? The reason must be one of the fair reasons of dis...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

Can changes to contracts of employment only occur by changes introduced by law and changes by agreement? Are there any other forms?

Posted in: First Tuesday Q&A NI on 06/06/2012 There are generally 4 options available to employers to enable them to change the terms and conditions of an employee’s contract of employment: Changes authorised by the contract Express agreement between the employer and employee Impose the change unilaterally Terminating employment and offering ...
This article is listed under the following topics:
Contracts of Employment