First Tuesday Q&A

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

Our policy does not permit a solicitor to attend a disciplinary meeting - only a colleague or trade union representative may attend. Is this lawful?

Posted in: First Tuesday Q&A NI on 03/10/2017 Employees have a right to be accompanied at a disciplinary hearing by a trade union representative or a fellow worker. There is no general right under UK law for an employee to have a qualified legal representative at a disciplinary hearing, however, some employees (for example, NHS hospital doctor...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment Human Rights

Which employers are required to publish a slavery and human trafficking statement?

Posted in: First Tuesday Q&A NI on 02/02/2016 The Modern Slavery Act 2015 (MSA) which recently came into force in the UK is the first of its kind in Europe, and one of the first globally, to specifically combat issues of slavery and human trafficking. Commercial organisations now have a key role to play in addressing these issues, and so it is...
This article is listed under the following topics:
Human Rights Pay and Conditions of Employment

In what circumstances will an employment tribunal accept covert monitoring as evidence?

Posted in: First Tuesday Q&A NI on 02/10/2012 This question raises a number of issues and we are not told if the monitoring footage is within the workplace or outside. The Industrial Tribunal does not have formal rules of evidence about the admissibility of evidence but, if a party to the proceedings wishes to rely on recordings in support of ...

We have over the last two years begun to use Twitter and Facebook as a big communication tool with our customers, with live chat going on around specific events. We have issued a policy for staff but are unsure how best to regulate staff participation in these communications from their private accounts, as we were concerned that to prevent communication from their own private accounts might be an infringement of staff individual rights outside work.

Posted in: First Tuesday Q&A NI on 03/04/2012 As social media (which includes Facebook, LinkedIn, Twitter, other forms of blogs and YouTube) becomes increasingly popular, employers are beginning to explore how this new form of communication affects the workplace and to what extent restrictions contained in a Social Media Policy may affect the ...
This article is listed under the following topics:
Contracts of Employment Human Rights Policies and Procedures

Can CCTV images be brought to the attention of parties in an investigation as evidence if he/she was not made aware that CCTV cameras were in place?

Posted in: First Tuesday Q&A NI on 05/07/2011 The CCTV Code of Practice 2008 provides guidelines for employers on the use of CCTV in monitoring their workforce. The Code states that workers should normally be aware that they are being monitored and sets out the decision making process that employers must consider before installing CCTV specifi...
This article is listed under the following topics:
Disciplinary and Grievance Issues Human Rights

Is there any benefit to having a pre-employment medical assessment in Northern Ireland?

Posted in: First Tuesday Q&A NI on 05/07/2011 Yes - they can present an employer with important information about a prospective employee’s ability to undertake their proposed new role, either prior to or at the time an offer of employment is made. For example, there may be fitness requirements for a strenuous role, or a need to test vision for...
This article is listed under the following topics:
Discrimination and Equality Human Rights Recruitment and Selection

We have a contractual right to refer employees to medical examination – but can they still refuse to go?

Posted in: First Tuesday Q&A NI on 02/06/2010 If an individual's contract contains an express right for their employer to require them to undergo a medical examination and for any subsequent report to be disclosed, the individual will be in breach of contract if they refuse to comply. Assuming that the request is reasonable and proportionate i...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment Human Rights