First Tuesday Q&A

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

If terminating during probation is it necessary to follow the statutory dismissal / disciplinary procedures?

Posted in: First Tuesday Q&A NI on 05/12/2017 It is common for employers to use probationary periods in order to assess an employee’s performance and general suitability for employment. Many employers will choose not to follow the statutory disciplinary / dismissal procedures during a period of probation on the basis that (assuming it is for l...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Probation

Can we extend the probationary period beyond 12 months?

Posted in: First Tuesday Q&A NI on 04/07/2017 A probationary period will be found in most contracts of employment. Broadly, they are an initial trial period during which an employer will assess the suitability of an employee for their positon. They will generally be set for an initial period defined in the contract and the terms of each probat...
This article is listed under the following topics:
Contracts of Employment Probation

What is the liability in relation to the termination of an employment contract during a probationary period?

Posted in: First Tuesday Q&A NI on 02/05/2017 In terms of liabilities for statutory employment claims, unfair dismissal generally isn’t likely to be a risk because the employee won’t have accrued the one year’s service necessary to bring such a claim (assuming the probationary period is for less than this period). However, employers should be ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment Probation

For new employees joining a company, can we wait until their probationary period of 6-months has been completed before auto-enrolling them in the pension scheme?

Posted in: First Tuesday Q&A NI on 07/03/2017 Employers can postpone auto-enrolment for a period of up to 3 months to delay the enrolment of a new probationary employee. The maximum deferment is 3 months, and so it will not cover the whole of any extended probationary period. A new employee must therefore be auto-enrolled after the deferred pe...
This article is listed under the following topics:
Pensions Probation Pay and Conditions of Employment

We have recently employed someone who is subject to a 6 month probationary period. Can we wait until their probationary period of 6 months has elapsed before auto-enrolling them in our pension scheme?

Posted in: First Tuesday Q&A NI on 06/09/2016 Employers can postpone auto-enrolment for a period of up to 3 months to delay the enrolment of a new probationary employee. The maximum deferment is 3 months, and so it will not cover the whole of any extended probationary period. A new employee must, therefore, be auto-enrolled after the deferred ...
This article is listed under the following topics:
Pensions Probation

Does the full disciplinary procedure need to be exhausted within a probation period i.e. verbal, written etc.?

Posted in: First Tuesday Q&A NI on 03/05/2016 Employers usually want flexibility to dismiss an employee without giving prior warnings during his/her probationary period. The employee is likely not to have qualified for ordinary unfair dismissal rights in any case as probationary periods are usually 3-6 months, whereas the unfair dismissal qual...
This article is listed under the following topics:
Disciplinary and Grievance Issues Probation

Can probation extend beyond 12 months?

Posted in: First Tuesday Q&A NI on 05/04/2016 A probationary period will be found in most contracts of employment. Broadly, they are an initial trial period during which an employer will assess the suitability of an employee for their positon. They will generally be set for an initial period defined in the contract and the terms of each probat...
This article is listed under the following topics:
Contracts of Employment Probation

For new employees joining a company, can we wait until their probationary period of 6-months has been completed before auto-enrolling them in the pension scheme?

Posted in: First Tuesday Q&A NI on 05/08/2015 Employers can postpone auto-enrolment for a period of up to 3 months to delay the enrolment of a new probationary employee. The maximum deferment is 3 months, and so it will not cover the whole of any extended probationary period. A new employee must therefore be auto-enrolled after the deferred pe...
This article is listed under the following topics:
Pensions Probation

Does the full disciplinary procedure need to be exhausted within a probation period i.e. verbal, written etc?

Posted in: First Tuesday Q&A NI on 07/07/2015 Employers usually want flexibility to dismiss an employee without giving prior warnings during his/her probationary period. The employee is likely not to have qualified for ordinary unfair dismissal rights in any case as probationary periods are usually 3-6 months, whereas the unfair dismissal qual...
This article is listed under the following topics:
Disciplinary and Grievance Issues Probation

An employee was hired on a fixed term contract, however, soon after they were absent on grounds of sickness and the medical certificates submitted indicate a serious mental health issue with sick leave likely to extend for the foreseeable future. A three month probationary period applies to all new employees and no sick pay is given during the probationary period. Can the company dismiss on grounds of capability whilst the employee is absent on sick leave?

Posted in: First Tuesday Q&A NI on 06/05/2014 In issuing fixed term contracts, employer should be aware of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002. These essentially give fixed-term employees the right not to be treated less favourably than their full-time comparators unless the tr...
This article is listed under the following topics:
Sickness and Absence Contracts of Employment Probation