First Tuesday Q&A

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

We bought a business earlier this year and TUPE applied to the deal. One of the employees we inherited has just issued a grievance that he is owed thousands of pounds of commission that the old owner did not pay him. The old owner never told us about this. Do we have any comeback?

Posted in: First Tuesday Q&A NI on 02/06/2015 Firstly, barring certain insolvency situations, the position under TUPE is that all liabilities transfer from old owner to new owner. So, harsh as it seems, you are likely to be on the hook even though this is not your fault. I would then check the terms of any sale and purchase agreement. Very oft...
This article is listed under the following topics:
Disciplinary and Grievance Issues Transfer of Undertaking (TUPE)

Where an employee is subjected to several warnings for minor/major misconduct, when is it appropriate to move to final general warning?

Posted in: First Tuesday Q&A NI on 02/06/2015 You do not say whether the previous warnings remain live on the employee’s personnel file or detail the acts of misconduct or poor performance committed. Your course of action will largely depend on the contents of your Disciplinary Policy and Procedure. When deciding the appropriate penalty, you c...
This article is listed under the following topics:
Disciplinary and Grievance Issues

If an employee refuses to sign minutes of meeting - then what should employer do as precaution?

Posted in: First Tuesday Q&A NI on 06/05/2015 The Labour Relations Agency’s (the “LRA”) Code of Practice on Disciplinary and Grievance Procedures (the “Code”) emphasises the need to keep written records, including formal minutes of meetings. However, the Code is silent on anything else as regards minutes, including what should be included or e...
This article is listed under the following topics:
Disciplinary and Grievance Issues

We have an employee currently on sick leave with back problems. She has recently posted photos on Facebook showing her socialising and dancing on a night out. These photos have been shared with some of her work colleagues on Facebook and we have been notified. Can we dismiss her for gross misconduct?

Posted in: First Tuesday Q&A NI on 03/02/2015 Ideally, if you have a sickness absence policy or contractual right requiring the employee to submit to medical examinations when requested, you should take steps to verify the employee's sickness in this way in the first instance. If there is no such policy or requirement, then you may nonetheless...
This article is listed under the following topics:
Sickness and Absence Disciplinary and Grievance Issues

If an employee requests to record a disciplinary / grievance meeting – can you refuse this?

Posted in: First Tuesday Q&A NI on 06/01/2015 Employers are entitled to refuse permission for employees to record disciplinary / grievance meetings. It is, however, good practice for a “record keeper” to be present at such meetings in order to take a contemporaneous hand-written note of the proceedings. And whilst the employee may wish to have...
This article is listed under the following topics:
Disciplinary and Grievance Issues

What would be the initial step to approach an employee who is showing underperformance but seems to have personal issues going on in the background?

Posted in: First Tuesday Q&A NI on 04/11/2014 It may be appropriate in this situation to have an informal discussion with the employee about his/her performance. Disciplinary procedures usually have provision for an informal procedure, as well as a formal procedure, to allow for this. The informal discussion may provide the employee with an op...
This article is listed under the following topics:
Disciplinary and Grievance Issues

Do formal disciplinary procedures have to go through a 3-step approach from a good practice or legal perspective?

Posted in: First Tuesday Q&A NI on 04/11/2014 While employers can be flexible about how formal or extensive their disciplinary procedures need to be, there is a legal requirement to follow the “statutory dismissal and disciplinary procedure”, which in summary, involves the following three steps: * A statement in writing of what the employee is...
This article is listed under the following topics:
Disciplinary and Grievance Issues

Where underperformance involves a disability, how far do you have to go to try to get the person up to 'normal' performance?

Posted in: First Tuesday Q&A NI on 04/11/2014 Where underperformance is caused or exacerbated by a disability, employers need to be mindful of the possibility of both an unfair dismissal and/or disability discrimination claim. To help reduce the risk of a disability discrimination claim, the employer should consider what reasonable adjustments...
This article is listed under the following topics:
Disciplinary and Grievance Issues Discrimination and Equality

How many chances do you have to give a persistent "offender" where disciplinary matters are concerned?

Posted in: First Tuesday Q&A NI on 04/11/2014 It seems this employee has committed misconduct on quite a number of occasions. Rather than allowing this to continue, giving him/her chances to improve, it is preferable to deal with the misconduct under a disciplinary procedure. Formal disciplinary action taken under the procedure usually involve...
This article is listed under the following topics:
Disciplinary and Grievance Issues Discrimination and Equality