A business has a panel of employees on temporary contracts, which specify that the employer is not obliged to offer work and the employee does not have to accept work offered. The panel of employees are contracted as needed. My question is in relation to which employees should be offered work when the need arises. Should this be done on a “rolling” basis, and should it be based on the start date or length of service actually worked? For example, if employee A starts in January and works two months, and employee B starts in February and works six months, which employee should be offered work when next required?

Posted in : First Tuesday Q&A ROI on 1 March 2011
A&L Goodbody
A&L Goodbody
Issues covered:

This is essentially a business decision and an employer is permitted to choose which employee would be assigned to certain work, provided of course that there is no breach of the Employment Equality Acts 1998 to 2008, which prohibit discrimination (direct or indirect) on nine grounds (nationality (including race, colour and ethnic or national origins), age, sexual orientation, disability, family status, marital status, gender, religion and membership of the Traveller community). Back to Q&A's This article is correct at 02/09/2015
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A&L Goodbody
A&L Goodbody

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