First Tuesday Q&A

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

Can an employer contact an employee off on long-term sick leave?

Posted in: First Tuesday Q&A NI on 02/10/2018 It is important for employers to maintain appropriate levels of contact with an employee who is off on sick leave. However, the amount of contact will depend, amongst other things, on the employee’s role and the size of the employer’s business. An employer needs to try and strike the correct balanc...
This article is listed under the following topics:
Sickness and Absence 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...

Can an employer refuse a request for flexible working?

Posted in: First Tuesday Q&A NI on 04/09/2018 Yes, an employer can refuse a flexible working request if the employee making the request is not entitled to do so. In order to be entitled, an individual must: (a) Be an employee not simply a worker or agency worker; (b) Have a minimum of 26 weeks continuous service; (c) Not have made a fl...
This article is listed under the following topics:
Discrimination and Equality A-Typical Working Policies and Procedures

How can employers support a growing band of aging workers and avoid age discrimination through their practices and policies?

Posted in: First Tuesday Q&A NI on 04/09/2018 There are many practices that employers can implement to show support to ageing workers and thus prevent age discrimination. Although age discrimination is well established in statute under the Employment Equality (Age) Regulations (Northern Ireland) 2006, there remains an increasing number of age ...

During a redundancy consultation process is an employer entitled to interview external candidates for a vacant position in addition to interviewing employees at risk of redundancy? 

Posted in: First Tuesday Q&A NI on 07/08/2018 It would not normally be appropriate to consider external candidates for a vacancy during a redundancy exercise. There is nothing wrong with implementing a competitive interview process to choose between candidates (i.e. to match vacant roles with the potentially redundant employees) but to conside...
This article is listed under the following topics:
Redundancy and Reorganisation Policies and Procedures

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

Does an employer have to allow paid or other leave when an employee suffers a family bereavement?

Posted in: First Tuesday Q&A NI on 03/07/2018 There is no specific statutory right to paid or other time off for a family bereavement, save in the limited circumstances where “emergency leave” applies. However, an employer may have a bereavement policy or compassionate leave policy in place which covers situations where an employee loses a clo...
This article is listed under the following topics:
Sickness and Absence Policies and Procedures

Is a female employee entitled to be on statutory maternity leave while her partner is also on shared parental leave?

Posted in: First Tuesday Q&A NI on 03/07/2018 The aim of shared parental leave is to enable both parents (or the mother’s partner) to have time off after their child is born without actually increasing the overall amount of leave that may be taken. To be eligible for shared parental leave, the mother must: Have employee status; Be continuousl...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Policies and Procedures

How should we obtain an employee’s medical data post-GDPR?

Posted in: First Tuesday Q&A NI on 05/06/2018 There are various reasons why an employer will wish to obtain a medical report on an employee in the context of the employment relationship. For example, recording sickness absence, determining if the employee is entitled to permanent health insurance and for health and safety purposes. Under the G...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Policies and Procedures