First Tuesday Q&A

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

What are the three golden rules to follow when faced with a redundancy situation and what are the potential pitfalls?

Posted in: First Tuesday Q&A ROI on 03/10/2017 Once again, A&L Goodbody is delighted to share ideas on how to manage difficult employment situations with the Legal-Island community. While last month we focused on issues that arise at the start of an employment relationship when it comes to recruitment, this month we are shining a spotlight ...

Does an employee’s notice period increase with their tenure?

Posted in: First Tuesday Q&A ROI on 03/10/2017 Yes. Section 4 of the Minimum Notice and Terms of Employment Acts 1973 to 2005 provides that all employees are entitled to a statutory period of notice on termination of employment, on grounds of redundancy or otherwise. The length of such period depends upon the employee's service with the employ...
This article is listed under the following topics:
Redundancy and Reorganisation

What would be a reasonable period between two redundancy programmes to avoid them being classified as a collective situation?

Posted in: First Tuesday Q&A ROI on 03/10/2017 A collective redundancy situation arises where redundancy-based dismissals are effected by the same employer within a 30 day period, subject to the following threshold requirements: Workforce No. of dismissals 21 to 49 5 or higher 50 to 99 10 or higher 100 - 299 1...
This article is listed under the following topics:
Redundancy and Reorganisation

Are fixed-term employees entitled to a statutory redundancy lump sum payment on the expiry of their fixed-term?

Posted in: First Tuesday Q&A ROI on 03/10/2017 Possibly, yes. Whether or not an employee is entitled to a statutory redundancy lump sum will depend on their length of service (2 years required) and the reason for the termination of their role (or, in this case, the non-renewal of their fixed-term contract). The fact that the employee's employme...
This article is listed under the following topics:
Redundancy and Reorganisation

Should employers be concerned about data subject access requests in redundancy situations?

Posted in: First Tuesday Q&A ROI on 03/10/2017 The short answer – yes. A data subject access request entitles an employee to be provided with a copy of all personal data from which he/she can be identified that is held on file by his employer within a 40 day timeframe subject to receipt of a nominal fee. The risk factor for employers in the con...

How soon can an employer fill a "redundant" role?

Posted in: First Tuesday Q&A ROI on 03/10/2017 This is a bit of a trick question as, from a legal perspective, a genuinely redundant role does not need to be subsequently filled. In fact, hiring a new recruit to fill a role that was previously confirmed as redundant would add weight to any claim from the now redundant employee that he/she was u...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation

Redundancy and maternity leave – are employees on maternity leave "untouchable"?

Posted in: First Tuesday Q&A ROI on 03/10/2017 As a rule of thumb, employees on maternity leave are automatically red-circled when a redundancy exercise is being contemplated. Maternity leave is probably the most "protected" leave, rendering any attempted dismissal of an employee while on maternity leave automatically void. In fact, termination...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation Discrimination and Equality

What practical advice can you give to employers embarking on the recruitment and selection process?

Posted in: First Tuesday Q&A ROI on 05/09/2017 A&L Goodbody are delighted to share ideas on how to manage difficult employment situations with the Legal Island community. At the start of our tenure with the First Tuesday Questions we thought it appropriate to begin by focussing on the start of the employment relationship and specifically wi...

For how long should we retain interview records?

Posted in: First Tuesday Q&A ROI on 05/09/2017 While there are underlying data protection issues here, it is advisable from a legal perspective to retain interview and other recruitment records for at least 1 year following the conclusion of the process. The reason for this is that individuals have 6 months following the conclusion of the recru...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Recruitment and Selection

If a potential employee has signed their contract and it has been counter-signed by the employer and handed back to the employee, what action must the employer take if the employee does not present for work?

Posted in: First Tuesday Q&A ROI on 05/09/2017 Once the employee has accepted the offer of employment and signed the contract provided, a legally binding contract has been created with a consequent obligation on the employee to turn up for work as expected. However, if the employee doesn't turn up as scheduled on their first day the employer un...
This article is listed under the following topics:
Contracts of Employment Recruitment and Selection