First Tuesday Q&A

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

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

When carrying out reference checks, would you only seek a reference from the person named on the job applicant’s CV or can you accept a reference from another person within the same organisation without the applicant's knowledge?

Posted in: First Tuesday Q&A ROI on 05/09/2017 Employers should not seek a reference from any person, without first receiving the consent of the prospective employee. Obtaining references involves the processing of applicants' personal data for the purposes of Data Protection Acts 1988 – 2003. The Data Protection Commissioner has stated that ...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Recruitment and Selection

If a person applies for a job and they have epilepsy, and one of the criteria is that they must have a C1 driving license (and they can never get this because of their condition) can the employer remove them from the recruitment and selection process?

Posted in: First Tuesday Q&A ROI on 05/09/2017 Any recruitment process is potentially a very subjective process so you should take whatever steps you can to eliminate any levels of perceived or actual subjectivity and/or discrimination. Any job description or advertisement should be based on non-discriminatory thinking and practices and any req...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection

If you state in a job advert that those who apply for a position must have a valid work permit or are EEA citizens, is this discrimination?

Posted in: First Tuesday Q&A ROI on 05/09/2017 On first glance it would seem to be directly discriminatory to require that an individual be of a particular nationality in order to be eligible for a certain position. However, as outlined on the website of the Department of Jobs, Enterprise and Innovation, the Irish government's policy (as part o...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection

What happens if I'm found to have discriminated during recruitment?

Posted in: First Tuesday Q&A ROI on 05/09/2017 Always be careful when recruiting externally, but be extra-careful when recruiting internally (with existing employees) as the penalties for discrimination are quite different. If you are found to have discriminated against an external candidate, the maximum award is capped at €13,000. However, if ...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection

What counts as discrimination?

Posted in: First Tuesday Q&A ROI on 05/09/2017 Discrimination is defined in the Acts as treating a person "less favourably than another person is, has been or would be treated in a comparable situation" on one or more of the protected grounds. As you all will be well aware, there are nine protected grounds of discrimination set out in the Acts:...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection

I know employees have rights once they are hired, but do I need to worry about any legal issues when recruiting? Can't I just hire who I like?

Posted in: First Tuesday Q&A ROI on 05/09/2017 Well, yes and no. The full gamut of employment rights don't apply to external candidates for roles, but the Employment Equality Acts 1998 - 2015 do ("The Acts"). The Acts have a slightly misleading title as you don't always have to be in employment to rely on them. As many employers have discovered...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection

Based on the Lyons v Longford & Westmeath decision, will employer investigations now become like mini legal proceedings?

Posted in: First Tuesday Q&A ROI on 01/08/2017 The recent High Court decision in Lyons v Longford & Westmeath [2017] IEHC 272 was notable in that Mr Justice Eager, in his judgment, seemed to suggest that employees who are the subject of internal bullying investigations have a right to legal representation at internal employer investigation ...

In the case of a serial complainant, is the company obliged to hear multiple grievances which are believed to be false when there are concerns about the mental stability of the complainant?

Posted in: First Tuesday Q&A ROI on 01/08/2017 There are no strict legal rules which apply when an employee raises multiple grievances. If the grievances are related, an employer might be in a position to refuse to hear a new grievance on the grounds that the matter has already been the subject of a grievance procedure. If the grievances are un...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures