First Tuesday Q&A

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

How long can a full time employee be in a temporary position before they have rights to that said position? For example if they were working in a temporary position (secondment) with an increased salary, how long would it be before they could, or could they, claim to have “rights” to that position?

Posted in: First Tuesday Q&A NI on 02/04/2013 The nature of a secondment is that it should be for a temporary period, with the employee returning to his or her substantive role after a period of time, with no entitlement to the temporary position. The situation can become more complex when an employee is in a temporary position for a long peri...
This article is listed under the following topics:
Contracts of Employment

We have an employee who relocated into our employment in Northern Ireland from a sister company in the US. We are now considering the redundancy of his role. Do we have to recognise his service here and in the US for the purpose of calculating his statutory redundancy pay?

Posted in: First Tuesday Q&A NI on 05/03/2013 Generally, if an employee leaves their job and is employed by an employer who is associated with that first employer, continuity of employment is preserved. The periods of employment with both the original employer and the associated employer will count towards the employment period. Employers are ...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

As part of a restructuring programme, is it possible to reduce an employee’s responsibilities and status (i.e. lower grade job title) while leaving their base pay unchanged? Could this be viewed as a demotion?

Posted in: First Tuesday Q&A NI on 05/02/2013 It would be helpful to know the background to this situation including, for instance, whether the restructuring involves redundancy, reorganisation and/or TUPE. While making these changes is possible, these factors could impact on how the changes are made and/or if so, whether they remain valid. Re...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment Transfer of Undertaking (TUPE)

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