First Tuesday Q&A

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

Due to an unexpected and unfortunate downturn in business, I am forced to make some staff redundant. One of the employee’s most suitable for redundancy is currently on maternity leave. Is there anything I need to consider before I make the final redundancy decision?

Posted in: First Tuesday Q&A NI on 05/09/2017 It is important that any final decision is not reached until a formal, thorough redundancy procedure has been followed. In a situation such as the one you have described you should consider that the employee may have a claim for unfair dismissal either on the grounds of unfair selection for redunda...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality

If an employer makes an employee redundant but then offers the same employee another job, is the employee still entitled to a redundancy payment?

Posted in: First Tuesday Q&A NI on 06/12/2016 The Labour Relation’s Agency’s (the “LRA”) advice on handling redundancy states that if an employee has been offered continued employment as an alternative to redundancy, the employee is not entitled to receive a redundancy payment. Simply, this is because the employee's employment is continuous a...
This article is listed under the following topics:
Redundancy and Reorganisation

In setting down a retirement age in a contract of employment, should you include the objective grounds for the retirement age in order to try to manage expectations or are you just tying your hands for the future? What would you advise?

Posted in: First Tuesday Q&A NI on 05/01/2016 Retirement clauses should only be used where the employer can objectively justify compulsory retirement of employees, and in fact are not even necessary in those situations, since termination on notice may be preferable to automatic termination.Although clauses such as this were fairly common in th...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality Contracts of Employment

Where an employee has taken voluntary redundancy, is the employer prevented from re-employing him or her in the future?

Posted in: First Tuesday Q&A NI on 05/01/2016 No, there is no restriction on an employer re-employing an employee who has taken voluntary redundancy. If the redundant employee is re-employed by the employer, he or she does not need to return any statutory redundancy payment, regardless of whether the offer of re-employment occurred immediately...
This article is listed under the following topics:
Redundancy and Reorganisation

Can redundancy notice be served during maternity leave? For example, can an employer serve a notice of dismissal/redundancy during maternity leave with a date of dismissal after the end of leave period – or is this automatically void and employer must wait until leave is over before issuing a notice?

Posted in: First Tuesday Q&A NI on 03/11/2015 An employee can be dismissed by reason of redundancy during her maternity leave provided a fair process is followed. However, if an employee is dismissed where the only (or principal) reason for her dismissal or selection is related to pregnancy, birth or maternity leave, the dismissal will be aut...
This article is listed under the following topics:
Redundancy and Reorganisation

If you hire an employee on a 2+ year fixed term contact, are they entitled to redundancy if/when they are dismissed at the end of the contract? Is there any way to avoid this if an entitlement exists?

Posted in: First Tuesday Q&A NI on 03/11/2015 The non-renewal of a fixed-term contract will be potentially fair by reason of redundancy. The usual "band of reasonable responses" test will apply to whether it was fair to dismiss for that reason, and the usual rules regarding adherence to a fair redundancy procedure must be followed. Employers s...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

Can an Employee on Long Term Sick Leave Still be Considered for Redundancy? What Precautions Should Employer Take?

Posted in: First Tuesday Q&A NI on 02/09/2015 Yes, they can still be considered, subject to a number of qualifications. In addition to establishing a legitimate reason for redundancy and adhering to the usual requirements of a fair redundancy procedure, you should ensure that, at every stage of the process, reasonable adjustments are made to t...
This article is listed under the following topics:
Redundancy and Reorganisation Sickness and Absence

Like many organisations we may have to reduce staffing costs. Is it lawful to terminate employees on fixed term contracts first or must they always be considered equally with full time permanent staff?

Posted in: First Tuesday Q&A NI on 02/09/2015 If an employee’s fixed-term contract expires, without renewal on the same terms as before, or is terminated as in a redundancy situation, the employee will have the same rights to unfair dismissal and redundancy protection as a permanent employee, subject to the usual qualification periods. The emp...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation Contracts of Employment

Who is responsible for ‘redundancy payment’ in a situation whereby an agency has a candidate placed with a client for 2+ years continuously and the individual is paid by the agency and bills the client for the associated costs?

Posted in: First Tuesday Q&A NI on 05/08/2015 There are a number of issues to be addressed here. The main issue is whether the agency worker is an ‘employee’ and so entitled to a redundancy payment. If an employee, who is his /her employer? An ‘employee’ is defined at Article 3 of the Employment Rights (Northern Ireland) Order 1996 as an indiv...
This article is listed under the following topics:
Redundancy and Reorganisation

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 06/05/2015 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 Recruitment & Selection