First Tuesday Q&A

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

Our sales team wants to dismiss a new hire at the expiry of his probationary period. Are there any issues that we need to be aware of?

Posted in: First Tuesday Q&A ROI on 03/04/2017 Generally speaking, employees can be dismissed with relatively little risk during the probationary period as an employee can, save in certain limited circumstances, only bring a claim for unfair dismissal if he or she has one years’ continuous service. However, notwithstanding this, there are a num...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment Probation

A number of our former employees are continuing to contact customers through LinkedIn following the termination of their employment. Can we do anything to prevent this?

Posted in: First Tuesday Q&A ROI on 03/04/2017 Social media contact ownership is an issue of increasing concern for many employers due to the risks regarding breach of confidentiality and restrictive covenants. Ownership of social media contacts is not regulated by law and can be factually complicated especially where many employees come to the...
This article is listed under the following topics:
Contracts of Employment Data Protection and freedom of Information Act

We have read a number of stories in the press recently regarding the “gig economy”. Is this a new term in employment law that we need to be concerned with?

Posted in: First Tuesday Q&A ROI on 03/04/2017 The “gig economy” is a relatively new term which describes individuals who are described as self-employed and carry out work on a “free-lance” basis. Examples include arrangements used by companies such as Uber, Deliveroo and Hassle. It usually involves a service provided by one person to another,...
This article is listed under the following topics:
Contracts of Employment A-Typical Working

We have a multi-lingual workforce. Can we insist that all staff only speak English while at work?

Posted in: First Tuesday Q&A ROI on 07/03/2017 Many workplaces are made up of several nationalities some of whom do not speak English as their native tongue. We are often asked by multi-cultural employers if they can introduce a company policy whereby employees are only permitted to speak English while at work. This issue was dealt with in a Wo...
This article is listed under the following topics:
Discrimination Policies and Procedures

We have an employee on long term sick leave - what level of contact can/should we have with that employee?

Posted in: First Tuesday Q&A ROI on 07/03/2017 Sick leave is considered a protected period and, generally, an employer should not contact an employee during this time. However, there may be circumstances where an employer may justifiably contact an employee during long-term sick leave. This includes where the employee’s sick certificates have e...
This article is listed under the following topics:
Sickness and Absence

We believe that an employee was under the influence of alcohol during working hours however we were unable to prove this.  What is the current position on breathalysing employees at work?

Posted in: First Tuesday Q&A ROI on 07/03/2017 This is a common issue for employers particularly those in the transport and manufacturing industry where health and safety issues are critical to the proper running of the organisation. Employers Obligations Employers are obliged to provide a safe working environment in accordance with the provisi...
This article is listed under the following topics:
Health and Safety Policies and Procedures

Our disciplinary policy does not permit a solicitor to attend an investigation meeting. Only a colleague or trade union representative may attend. Is this lawful?

Posted in: First Tuesday Q&A ROI on 07/02/2017 In general, an employee does not have the right to be represented by a solicitor in an internal disciplinary investigation or hearing. The Code of Practice on Grievance and Disciplinary Procedures (S.I. 146/2000) provides that employees should be given the opportunity to avail of the right to be re...
This article is listed under the following topics:
Disciplinary & Grievance Issues

During a workplace investigation, under what circumstances can you suspend an employee?

Posted in: First Tuesday Q&A ROI on 07/02/2017 Up until relatively recently, an employer could generally suspend an employee with pay pending an investigation as long as the right to suspend was included in the disciplinary policy or contract of employment. However, the power to suspend employees pending an investigation has come under close sc...
This article is listed under the following topics:
Disciplinary & Grievance Issues

Can covert surveillance be used as evidence when carrying out an investigation?

Posted in: First Tuesday Q&A ROI on 07/02/2017 Covert surveillance often involves an employer monitoring an employee thrush the use of CCTV. The current position adopted by the Data Protection Commissioner (the "DPC"), as published in the recently revised Guidelines on CCTV Usage (the "Guidelines"), is as follows: Covert recording is generally...
This article is listed under the following topics:
Disciplinary & Grievance Issues

Can employees use secret recordings of investigation meetings as evidence in a tribunal hearing?

Posted in: First Tuesday Q&A ROI on 07/02/2017 An issue causing increasing concern for HR practitioners is the practice of employees recording grievance and disciplinary meetings without the employer’s knowledge. While many employers prohibit such practices in their employee handbooks, it is almost impossible to prevent and detect any such reco...
This article is listed under the following topics:
Disciplinary & Grievance Issues