First Tuesday Q&A

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

When recruiting for jobs, is it acceptable to include as a selection criterion the standard of English required in that job, providing you can justify the standard, just as you would any other skill. For instance, for cleaning posts, the standard might be basic, for some admin posts the standard could be conversational, and for mainly customer facing roles, fluent? The standard of both written and oral English could be specified?

Posted in: First Tuesday Q&A NI on 04/05/2010 The answer to this question is very likely to be yes. By way of background, the risk in carrying out a recruitment exercise is that an unsuccessful applicant will allege that he or she was unlawfully discriminated against during the recruitment process. In this case, the risk is that an applicant c...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection

What are the dangers of terminating an agency worker’s contract over performance issues? Is it discrimination?

Posted in: First Tuesday Q&A NI on 02/03/2010 The answer to this question will vary depending on a number of factors, including the agreement you have in place with the agency. It can be relatively straightforward to terminate an agency worker’s engagement for poor performance where it is clear that the agency worker is an employee of the agen...
This article is listed under the following topics:
Disciplinary and Grievance Issues Discrimination and Equality A-Typical Working