First Tuesday Q&A

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

In relation to employees on maternity leave and the need to notify them of vacancies, is it enough to advise them that there are vacancies available via the internet (assuming the employee has internet and email access) or do we have to inform them in writing?

Posted in: First Tuesday Q&A NI on 04/01/2011 The answer to this question really depends on the precise reason for notifying an employee on maternity leave of other vacancies: is it is because the employee's own job has become redundant or is it simply to make sure that the absent employee is kept informed about other opportunities in the same...
This article is listed under the following topics:
Working Time and Leave Recruitment and Selection

We recently recruited a senior manager who, we have since discovered, exaggerated and even lied outright on his CV. Can we take any action against him?

Posted in: First Tuesday Q&A NI on 05/10/2010 Perhaps the first consideration should be whether you still want the employee to work for you. If not, you will almost certainly have grounds to terminate his employment – but remember to follow an appropriate procedure to minimise his chances of successfully claiming unfair dismissal (depending on...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues Recruitment and Selection

Recruitment and selection – when advertising an vacancy internally, is it lawful to say that 'Applications are invited for this position but it should be noted that an internal candidate has already been identified’?

Posted in: First Tuesday Q&A NI on 03/08/2010 From a practical point of view I would say there is little point in advertising a position if an internal candidate has already been identified as there is no legal requirement to advertise each and every new position of employment available. Your employees will have little incentive to apply for a...
This article is listed under the following topics:
Recruitment and Selection

Fixed term employees: is our website sufficient when notifying employees of upcoming job vacancies?

Posted in: First Tuesday Q&A NI on 02/06/2010 Fixed-term employees have a specific right to be informed of any permanent vacancies. Regulation 3(7) of the 2002 Fixed-term Employees Regulations states that an employee will be taken to have been ‘informed by his employer’ only if the vacancy is contained in an advertisement which the employee ha...
This article is listed under the following topics:
Policies and Procedures Recruitment and Selection

When recruiting for jobs, is it acceptable to include as a selection criterion the standard of English required in that job, providing you can justify the standard, just as you would any other skill. For instance, for cleaning posts, the standard might be basic, for some admin posts the standard could be conversational, and for mainly customer facing roles, fluent? The standard of both written and oral English could be specified?

Posted in: First Tuesday Q&A NI on 04/05/2010 The answer to this question is very likely to be yes. By way of background, the risk in carrying out a recruitment exercise is that an unsuccessful applicant will allege that he or she was unlawfully discriminated against during the recruitment process. In this case, the risk is that an applicant c...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection

Re-employment of Redundant Employees

Posted in: First Tuesday Q&A NI on 04/05/2010 In a word, yes. That said, the Employment Rights (Northern Ireland) Order 1996 does envisage that this situation sometimes arises and through highly technical provisions relating to so-called "vanishing dismissals", partly addresses the issue. If an employee is made redundant (voluntarily or otherw...
This article is listed under the following topics:
Redundancy and Reorganisation Recruitment and Selection