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First Tuesday Q&A

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

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 ...

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 ...

If you have a member of staff leave the company but then re-joins a few months later on a new contract of employment, does the company need to go through a full induction process with them again e.g. Health & Safety, Office Regulations, Data Protection and other company Procedures and Policies as if they never had worked for the company previously?

Posted in: First Tuesday Q&A NI on 02/02/2016 As a general rule, it is important that all companies, large or small, should have a well-considered induction programme to provide employees with all the information they need before starting the job. The induction programme should reflect the complexity of the job in question and help employees ...

For how long should we retain interview records?

Posted in: First Tuesday Q&A NI on 03/11/2015 The Data Protection Act 1998 (DPA) does not specify any documentation retention periods; Schedule 1, paragraph 5 simply provides that personal data should not be kept for longer than is necessary for the purpose for which it is processed. However, Part 2 of the Information Commissioner's Employment...

We are currently undertaking a recruitment drive. Can we check up on applicants’ online profiles before deciding whom to appoint?

Posted in: First Tuesday Q&A NI on 02/09/2015 There is nothing in law preventing an employer from looking at publicly available material before offering an individual a job, however doing so can leave the employer open to potential claims of discrimination. Given the types of information typically found on blogs or social networking websites, ...
This article is listed under the following topics:
Recruitment and Selection

As an employer we are keen to offer volunteering opportunities and/or internships to individuals who would like to gain experience or an insight into the work that we do. However, how do we ensure that they do not become classified as a ‘worker’? Is there any guidance to assess when the line of being a worker is crossed?

Posted in: First Tuesday Q&A NI on 02/12/2014 There is no legal definition of either a “volunteer” or “intern” and there is no specific legislation that deals with the relationship between an employer and an intern/volunteer. There is also no specific guidance on assessing the status of each and so, the usual employment law principles apply i....
This article is listed under the following topics:
A-Typical Working Recruitment and Selection

What are the consequences of an individual accepting an offer of employment but then taking a different job? A candidate accepted a job offer from our company. He signed and accepted a conditional offer letter and was due to start work next week. It has transpired that the candidate has been offered another job which he has accepted.

Posted in: First Tuesday Q&A NI on 03/06/2014 Once any conditions to which the offer was made subject have been satisfied and the employee has accepted the offer, a contract of employment will be in existence. Once confirmed that a contract of employment has been formed, any subsequent attempt to withdraw from it would require the employee to ...
This article is listed under the following topics:
Contracts of Employment Recruitment and Selection

What are the legal requirements when providing references, what are we obliged to do?

Posted in: First Tuesday Q&A NI on 04/03/2014 There is strictly speaking no legal obligation on an employer to provide a reference for an employee or ex-employee and employers are therefore generally entitled to refuse to provide a reference. There are however some limited exceptions to this general rule, such as: 1. Discrimination: Failure to...

What is the legal status on the use of spying on potential candidates using social media?

Posted in: First Tuesday Q&A NI on 05/11/2013 According to a recent Microsoft survey, less than 15% of candidates all across the UK believe information which is available on social media affects their chances of securing employment. The same survey, however, showed that 45% of employers in the UK admit to using it regularly and rejecting candi...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Recruitment and Selection