× Hello, this site is currently undergoing improvements. We apologise for any inconvenience.

First Tuesday Q&A

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

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 If the situation changes during their notice periods can the redundancy be withdrawn?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02/03/2010 Once notice of redundancy has been issued to an employee, it is legally binding and cannot be unilaterally withdrawn by the employer, even if the employee is still working out his or her notice period.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

Is it possible to buy-out redundancy or other terms of employment in a TUPE transfer situation? What process applies and how might you structure the buy-out?

Posted in: First Tuesday Q&A NI on 05/01/2010 This is tricky territory indeed! Without meaning to fence sit, we recommend that you to seek specific legal advice on your options for dealing with this situation. Basically, it is very difficult to change an employee’s terms of employment if the reason for the change is linked to a TUPE transfer. ...
This article is listed under the following topics:
Redundancy and Reorganisation Transfer of Undertaking (TUPE)

Do you always have to have individual consultation in a redundancy dismissal even if there is a collective redundancy situation and elected/trade union representatives?

Posted in: First Tuesday Q&A NI on 05/01/2010 The duty to collectively consult is imposed under Article 216 of the Employment Rights (Northern Ireland) Order 1996 and arises where an employer proposes to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less. The duty is to consult appropriate represe...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation Collective and Trade Union Issues