First Tuesday Q&A

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

How long after a redundancy exercise an employer reinstate a post?

Posted in: First Tuesday Q&A NI on 07/02/2012 There is no set, safe period after a redundancy exercise to reinstate a post. One of the main risks an employer would have to mitigate against here is an employee arguing, after his or her dismissal for redundancy, that the dismissal was unfair on the basis that the employer didn’t have a genuine r...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation

An individual has been employed on a number of fixed term employment contracts (consecutively, without any break in service) over a four year period in an organisation which has made a voluntary redundancy option available to its employees. Is this employee entitled to apply and to be considered?

Posted in: First Tuesday Q&A NI on 01/11/2011 If a fixed term employee has their contract renewed or if they are engaged on a new fixed-term contract when they already have a period of four or more years of continuous employment, the renewal or new contract takes effect as a permanent contract (unless employment on a fixed term contract was ob...
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 02/08/2011 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 weekly pay (up to a maximum ...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

Can absence due to sickness be used as part of selection criteria for selecting an employee for redundancy or could this be viewed as disability discrimination?

Posted in: First Tuesday Q&A NI on 01/03/2011 Absence can be used as part of selection criteria. However, if it is, it is important that the reasons for sickness absence are examined to mitigate the risk of a disability discrimination claim. For example, if an employee has been absent because of disability, you may need to consider adjusting t...
This article is listed under the following topics:
Redundancy and Reorganisation Sickness and Absence Disciplinary and Grievance Issues

Does TUPE apply in circumstances where a company goes into voluntary liquidation and its business is closed with all employees being made redundant and then a buyer is subsequently found for the business, for example, a month or two later? Do the employees automatically transfer to the new owner?

Posted in: First Tuesday Q&A NI on 01/02/2011 Where a company is the subject of “bankruptcy or analogous insolvency proceedings” instituted with a view to liquidating its assets under the supervision of an insolvency practitioner, the employees will not be accorded the normal protections under TUPE in respect of the automatic transfer of their...
This article is listed under the following topics:
Redundancy and Reorganisation Transfer of Undertaking (TUPE)

A client’s employee is off on indefinite unpaid leave due to caring responsibilities. The employee has asked the employer to make them redundant so they can make a claim on an income protection policy. What are the implications of this for the employer – with the employee and with the insurance provider?

Posted in: First Tuesday Q&A NI on 02/11/2010 Our view is that this employer should be wary of granting this request. First and foremost, this may not be a genuine redundancy situation. In order for a genuine redundancy to have taken place, the proposed termination must meet the statutory definition of a redundancy from Art 174(1) of the Emplo...
This article is listed under the following topics:
Redundancy and Reorganisation Working Time and Leave

If you make a person retire (in the correct manner & notification requirements) but they don’t actually retire – could they claim a redundancy payment when they leave?

Posted in: First Tuesday Q&A NI on 06/07/2010 The key issue here is to determine whether the reason for the dismissal of the employee in these circumstances is retirement or redundancy, both of which are potentially fair reasons for dismissal. Since the introduction of the Employment Equality (Age) Regulations (Northern Ireland) 2006 in Octobe...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

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

If an employee is on maternity leave and a company has to make redundancies, are there any restrictions in legislation that would prohibit doing this?

Posted in: First Tuesday Q&A NI on 07/04/2010 It is a common misconception held by employers that they cannot make employees on maternity leave or pregnant employees redundant. There is nothing to prevent an employer making such an employee redundant, provided it takes care to avoid discrimination and ensures the decision is based on objective...
This article is listed under the following topics:
Redundancy and Reorganisation Working Time and Leave

We have issued notice of redundancy and have asked our employees to work their notice periods. If the situation changes during their notice periods can the redundancy be withdrawn?

Posted in: First Tuesday Q&A NI on 02/03/2010 Once notice of redundancy has been issued to an employee, it is legally binding and cannot be unilaterally withdrawn by the employer, even if the employee is still working out his or her notice period. If the employer subsequently wishes to withdraw the notice because of a change in business or eco...
This article is listed under the following topics:
Redundancy and Reorganisation