First Tuesday Q&A

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

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

Is holiday still owed if an employee falls sick whilst on annual leave?

Posted in: First Tuesday Q&A NI on 05/06/2018 In Anged v Fasga [2012] IRLR 779, the ECJ held that a worker who becomes unfit for work whilst on annual leave has the right, under the Working Time Directive, at his request, to take a period of time off as annual leave at a later time after he has recovered. The period of leave to be rescheduled ...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Policies and Procedures

What are the implications of checking a candidate’s social media profile under the GDPR?

Posted in: First Tuesday Q&A NI on 01/05/2018 Social media screening prior to employment is common place and can be a valuable tool for employers. The difficulty for employers arises when they have to distinguish between information that is helpful in making employment decisions and information that is not but reveals the candidate’s personal ...

How should we deal with a disabled employee who has frequent short-term absences?

Posted in: First Tuesday Q&A NI on 01/05/2018 Where absences are due to an employee’s disability, an employer will have to tread very carefully to avoid a claim of disability discrimination under The Disability Discrimination Act 1995. However, we appreciate that frequent absences can be very disruptive to an employer. As a practical step, an ...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality Policies and Procedures

Please provide guidance for employers regarding career breaks

Posted in: First Tuesday Q&A NI on 01/05/2018 A career break is a term used to define a long period of unpaid leave during which the employment contract remains intact. However, sometimes employers will request that employees going on a career break resign and then re-apply for their job, if available, when they are ready to return to work. Th...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Policies and Procedures

Is compensation awarded for injury to feelings on the increase? Is there any practical advice that can be given in taking steps to reduce injury to feelings costs?

Posted in: First Tuesday Q&A NI on 06/02/2018 A recent Court of Appeal decision (Pereira v de Souza v Vinci Construction Ltd [2017]) held that a 10% uplift should apply to awards for injury to feelings. Although this was an English decision, it is persuasive authority for Northern Ireland. The new award bands are now: Lower band: £1,000 - £8...

When disciplinary allegations are put to an employee, should the employer reference the specific incident or the breach of policy when drafting the notification letter?

Posted in: First Tuesday Q&A NI on 07/11/2017 The Labour Relations Agency has set out some helpful guidance for employers in relation to codes of practice concerning disciplinary and grievance procedures. According to this guidance, an employer should draw up a statement of grounds for action and invitation to a meeting. This statement should ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures