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First Tuesday Q&A

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

Can an employee claim constructive dismissal if a work colleague makes a discriminatory comment to them and the employer fails to discipline the colleague?

Posted in: First Tuesday Q&A NI on 03/12/2018 Ultimately this will depend on the specific facts of the case but it is important to remember from the outset that it is difficult to successfully make a claim for constructive dismissal. Constructive dismissal occurs when an employer breaches an employee’s contract of employment in such a serious ...

What should an employer do if an employee fails to attend a grievance hearing?

Posted in: First Tuesday Q&A NI on 03/12/2018 As a starting point, an employer should consider the reasons for the failure to attend, for example, if the employee is suffering from stress as a result of the grievance procedure. If it is the first time that the employee has failed to attend, it will be appropriate to re-schedule the grievance h...

Can an employee on paid suspension be asked to carry out some of their duties?

Posted in: First Tuesday Q&A NI on 03/12/2018 Given that the purpose of suspension is to remove an employee from the workplace, usually to enable an instance of misconduct to be investigated, it would be unlikely for an employer to require a suspended employee to carry out work. However, this will be fact specific and there may be certain occa...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures

When it comes to determining the appropriate sanction for an incident of misconduct, can an employer take into account a previous first written warning?

Posted in: First Tuesday Q&A NI on 06/11/2018 When determining an appropriate sanction for an act of misconduct, employers should ensure that they are familiar with the LRA Code of Practice on Disciplinary and Grievance Procedures, which sets out the different sanctions available, from warnings right up to dismissal. From a practical perspecti...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures

Can an employee take pre-booked holidays whilst suspended?

Posted in: First Tuesday Q&A NI on 02/10/2018 A period of suspension should not change the normal position with regard to holiday and this should be clearly stated in the employee’s contract of employment or in the staff handbook. Therefore, provided that the annual leave was booked and approved in line with the employer’s holiday procedure, a...

Does an employer have to pay an employee who is suspended?

Posted in: First Tuesday Q&A NI on 02/10/2018 Suspension usually takes place either: To enable an employer to investigate allegations of misconduct; or For medical or health and safety reasons. Therefore, suspension should be invoked as a protective measure and should not be utilised as a disciplinary sanction nor in a manner likely to resul...

Does the employer have to provide an employee with a copy of a statement made about him in another employee's grievance meeting?

Posted in: First Tuesday Q&A NI on 04/09/2018 There is no specific legal requirement to provide an employee with a statement made about him/her in a grievance raised by another employee. The LRA Code of Practice on Grievances sets out clear guidance for employers on how to deal with grievances, and employers should be familiar with this. Howev...
This article is listed under the following topics:
Disciplinary and Grievance Issues Data Protection and Freedom of Information Act

Can a disciplinary sanction be increased as a result of an appeal hearing?

Posted in: First Tuesday Q&A NI on 04/09/2018 This question was addressed by the Court of Appeal in England in McMillan v Airedale NHS Foundation Trust [2014] IRLR 803 CA. In this case, it was held that an employer does not have the right to increase a disciplinary sanction on appeal unless it has express provision to do so in its disciplinary...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment

What should an employer do if an employee who has submitted a grievance then submits a claim to the tribunal before the grievance has been dealt with?

Posted in: First Tuesday Q&A NI on 07/08/2018 Firstly, employers should note that there is no legislative prohibition on an employee commencing a tribunal claim before their grievance has been concluded. In fact, it is relatively common for employees or ex-employees to bring a claim prior to a grievance outcome being reached. This is due to th...

What are the consequences for an employer who does not let an employee bring a companion to a disciplinary or grievance hearing?

Posted in: First Tuesday Q&A NI on 03/07/2018 All individuals engaged under a contract of employment, agency workers and home workers have a statutory right under Article 12 of the Employment Relations (Northern Ireland) Order 1999, to be accompanied to a disciplinary or grievance meeting. The accompanying individual may be a colleague, trade ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment Policies and Procedures