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

What are the employers options when, following a disagreement, an employee provides a written resignation, however changes their mind soon after and asks for their job back?

Posted in: First Tuesday Q&A NI on 04/10/2011 Once an employee has validly presented their resignation and the employer has accepted it, the employee does not have the right to unilaterally withdraw his or her resignation. However, employers should tread carefully when immediately accepting the resignation where it was either ambiguous, given ...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment Policies and Procedures

At what point can an employer dismiss on the grounds of capability an employee who is on long term absence due to illness?

Posted in: First Tuesday Q&A NI on 02/08/2011 To help minimise the risk of claims, an employer should generally only dismiss an employee in these circumstances once a capability procedure, including the minimum statutory dismissal and disciplinary procedures, has been fully followed. It's usually preferable to commence the capability procedure...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Policies and Procedures

What steps can we take to protect the business from employees publishing damaging material about it on a blog or networking site?

Posted in: First Tuesday Q&A NI on 03/05/2011 If the comments otherwise damage the employer’s reputation or are intended or likely to destroy the relationship of trust and confidence between employer and employee, discipline and dismissal may be a legitimate course of action. In the absence of any express contractual clause, an employee has im...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues

What are we exposed to if we impose pay cuts without seeking an express agreement?

Posted in: First Tuesday Q&A NI on 03/05/2011 Any such change will amount to a variation of your employee’s terms and conditions of employment. Unless the contract of employment allows you to vary the terms then you must obtain the employee's consent to do this. Imposing the change without consent (express or implied) will be a breach of contr...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment Pay and Conditions of Employment

When an employee is dismissed, is the six months in which they can take a claim from the date they were dismissed or the date of their appeal?

Posted in: First Tuesday Q&A NI on 01/03/2011 This question relates to provisions extending time to bring a claim under the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004. On the basis this question relates to an unfair dismissal claim, this claim usually has to presented to a tribunal within ...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues

Can we discipline an employee for being drunk at the Christmas party?

Posted in: First Tuesday Q&A NI on 07/12/2010 It really depends on the circumstances but in most cases the answer will be no. It would be difficult to discipline employees for being drunk per se, particularly when alcohol is often free (and free-flowing) at the party. That said drinking off duty can be a potentially fair reason for dismissal o...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues

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

One of our lorry drivers has recently been disqualified from driving. If he is banned from driving, can we dismiss him? He has been employed for about three years.

Posted in: First Tuesday Q&A NI on 07/04/2010 If your employee is employed as a driver and loses his driving licence, this does, of course, mean that he cannot continue to work as a driver for the duration of the ban. However, it does not necessarily follow that you can simply dismiss him because he can no longer carry out his job duties. Whil...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues Contracts of Employment