First Tuesday Q&A

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

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

Are fixed term employees entitled to statutory redundancy pay if the fixed term contract is over 2 years in duration? 

Posted in: First Tuesday Q&A NI on 03/06/2014 Yes, a fixed-term employee will be entitled to a statutory redundancy payment if they have at least two years' service and the reason for the non-renewal or termination of their contract is redundancy. The non-renewal of a fixed term contract will, in the majority of cases, be for redundancy reason...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

As we have to pay redundancy for employees whose term exceeds 2 years are we able to avoid this cost – can we issue contracts for just under 2 years? If contracts are issued purely to avoid the redundancy legislation, would they automatically become unlawful?

Posted in: First Tuesday Q&A NI on 03/12/2013 Employees with a least two years' continuous employment are entitled to a statutory redundancy payment if they are dismissed by reason of redundancy. The amount of statutory redundancy pay to which an employee is entitled depends on his or her age, length of service and pay (subject up to a maximum...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

We are intending to amend our employees’ terms and conditions of employment by amending the employees' bonus scheme. We intend to do this through consultation with employees and by seeking their agreement. I read somewhere that changing terms and conditions of employment for a large number of employees can trigger collective consultation and a requirement to inform DEL. I would be grateful for any clarity on this point.

Posted in: First Tuesday Q&A NI on 03/09/2013 The main issue here is whether the company envisages dismissing and re-engaging the employees if they do not consent to the changes in the bonus arrangements. Where an employer changes employees' terms through termination and re-engagement, the dismissals would count as redundancies (for the purpos...

We are about to commence redundancy consultation with affected staff. What should we do about employees on maternity and sickness leave?

Posted in: First Tuesday Q&A NI on 05/03/2013 You should include employees who are absent (on sick or maternity leave) in the redundancy consultation as much as possible. They should be kept informed of the position, receiving the same information in writing as other employees, as well as being actively involved in the consultation process. Id...
This article is listed under the following topics:
Redundancy and Reorganisation Working Time and Leave

We have an employee who relocated into our employment in Northern Ireland from a sister company in the US. We are now considering the redundancy of his role. Do we have to recognise his service here and in the US for the purpose of calculating his statutory redundancy pay?

Posted in: First Tuesday Q&A NI on 05/03/2013 Generally, if an employee leaves their job and is employed by an employer who is associated with that first employer, continuity of employment is preserved. The periods of employment with both the original employer and the associated employer will count towards the employment period. Employers are ...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

As part of a restructuring programme, is it possible to reduce an employee’s responsibilities and status (i.e. lower grade job title) while leaving their base pay unchanged? Could this be viewed as a demotion?

Posted in: First Tuesday Q&A NI on 05/02/2013 It would be helpful to know the background to this situation including, for instance, whether the restructuring involves redundancy, reorganisation and/or TUPE. While making these changes is possible, these factors could impact on how the changes are made and/or if so, whether they remain valid. Re...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment Transfer of Undertaking (TUPE)

Is a staff member on a fixed term contract for a duration of more than two years entitled to a redundancy payment or does the contract end by reaching the agreed specified date? If there is a redundancy entitlement, must fair selection criteria be met before ending the fixed term contract?

Posted in: First Tuesday Q&A NI on 03/07/2012 This member of staff would have unfair dismissal rights by reason of being in employment for more than one year. The question to ask, therefore, to help mitigate against the risk of an unfair dismissal claim, is what is the reason for the dismissal? The reason must be one of the fair reasons of dis...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment