First Tuesday Q&A

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

An employer appoints someone with a disability and puts in place the necessary changes to the working environment to enable the employee to carry out their role. After the first year of probation, it is becoming clear that the employee is having difficulty in meeting the requirements of the position. What action should the employer take to deal with the situation without finding themselves in a breach of the disability legislation?

Posted in: First Tuesday Q&A NI on 06/06/2017 We will assume that the employee in this case suffers from a disability as defined in the Disability Discrimination Act 1995, but this is something you should seek specific legal advice on. Without knowing exactly why or how the employee is having difficulty meeting the requirements of the position...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures

What is the current position in relation to disability absences being taken into account by an employer for disciplinary action?

Posted in: First Tuesday Q&A NI on 02/05/2017 Disciplinary action against an employee for absences that are a consequence of a disability could constitute discrimination arising from disability under the Disability Discrimination Act 1995. If persistent or long-term absence affects the employee’s ability to carry out the job, you should addres...
This article is listed under the following topics:
Sickness and Absence Disciplinary and Grievance Issues Discrimination and Equality

One of my employees has alleged that their line manager is sexually harassing them. How should employers approach this issue?

Posted in: First Tuesday Q&A NI on 02/05/2017 Whilst it would be important to seek specific legal advice in respect of this matter, there are a number of general principles which should be considered. The first priority is to establish the facts, regardless of whether you have a harassment policy. You should appoint a suitable person, who is n...
This article is listed under the following topics:
Disciplinary and Grievance Issues Discrimination and Equality

We have an employee that suffers from age-related macular degeneration. Their performance at work has suffered since their diagnosis and it has now reached the point where they are not doing their job properly. Can we dismiss them?

Posted in: First Tuesday Q&A NI on 03/04/2017 This is a highly litigious issue and so specific legal advice should be obtained before taking any further steps in respect of the employee in question. By way of general guidance, however, it should be noted that, as well as showing that capability was the reason for dismissal, employers will also...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Discrimination and Equality

Are employers required to credit an employee for Bank/Public Holidays on top of their annual leave allowance while on maternity leave?

Posted in: First Tuesday Q&A NI on 03/01/2017 Calculating annual leave entitlement in cases of maternity leave can cause considerable difficulties for employers. As a starting point, employers should always check their contracts of employment, together with any policies dealing with annual leave and/ or maternity. Do they state that employees ...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave

What are the implications of Brexit for Northern Ireland’s employers?

Posted in: First Tuesday Q&A NI on 02/08/2016 What does Brexit mean for the status of our employment laws? The extent to which our employment laws will be affected will be largely dependent upon the economic relationship /trade arrangement to be agreed between the UK and the remaining 27 member states of the EU. It is likely, however, that th...

Please provide some guidelines on current retirement legislation as regards employment contracts

Posted in: First Tuesday Q&A NI on 05/07/2016 The law on retirement has changed considerably in recent years. Although compulsory retirement clauses were once common features in contracts of employment, their current use is rare following the abolition of the default retirement age. Compulsory retirement is now also potentially unlawful age di...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment Policies and Procedures

Can we enforce a contractual retirement age?

Posted in: First Tuesday Q&A NI on 05/04/2016 Compulsory retirement of employees may potentially amount to unlawful age discrimination. Whether the contractual retirement age in question here can be enforced will depend on whether you are able to objectively justify it as a "proportionate means of achieving a legitimate aim". This will require...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment Policies and Procedures

We have an employee out on maternity leave and her contract states she is entitled to a performance related bonus. Should this be awarded on a pro rata basis given that she has been on maternity leave for a significant period of the year or is her leave deemed to be 'protected' because she is on maternity leave and therefore entitled to the full bonus payment?

Posted in: First Tuesday Q&A NI on 02/02/2016 In general, a contractual bonus cannot be withheld by an employer unless the criteria set out from the outset in relation to being awarded a bonus have not been met. Once the employee has satisfied the criteria, the employee is entitled to payment of the bonus and it subsequently forms part of his/...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave Pay and Conditions of Employment

My query relates to whether an employer is required to credit an employee for Bank/Public Holidays on top of their annual leave allowance while on maternity leave?

Posted in: First Tuesday Q&A NI on 02/02/2016 Calculating annual leave entitlement in cases of maternity leave can cause considerable difficulties for employers. As a starting point, employers should always check their contracts of employment, together with any policies dealing with annual leave and/ or maternity. Do they state that employees ...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave Pay and Conditions of Employment