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 ...

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...

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

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

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

What happens if personal data is hacked? Does the employer have liability?

Posted in: First Tuesday Q&A ROI on 05/04/2016 Where an employer holds personal data relating to its employees (or any other third parties), the employer will be a Data Controller for the purposes of the Data Protection Acts 1988 and 2003 (the "Acts"). A Data Controller has various obligations under the Acts in relation to the control and safek...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

We have numerous personnel files and payroll records from employees who have long since left the company. I am planning to shred all files from employees who left more than six years ago – is there anything I should be keeping or is six years a safe cut-off point? We have no outstanding personal injuries or other claims associated with any ex-staff.

Posted in: First Tuesday Q&A ROI on 08/04/2015 It is best practice for an employer should retain the files of its employees for the duration of the contract of employment and for a further period of 7 years after the termination of the contract. While the Unfair Dismissals Acts 1977 to 2007 provide that a claim for unfair dismissal must be take...

Once an employee has left the organisation, how long does an employer need to keep that previous employees information on file?

Posted in: First Tuesday Q&A ROI on 07/01/2014 Employee files should be retained for the duration of the contract of employment and for a period of 7 years post-termination thereafter. While the Unfair Dismissals Acts 1977 to 2007 provide that a claim for unfair dismissal must be taken within 6 months of dismissal (or 12 months in exceptional c...

Should Whistleblowing be added as a new policy to employee handbooks or as an addition to, for example, our Data Protection policy?

Posted in: First Tuesday Q&A ROI on 05/02/2013 Yes. It is good practice to have a whistleblower policy. The Protected Disclosure in the Public Interest Bill 2012 places responsibility on employers to put effective internal mechanisms in place to investigate whistleblowing complaints and to develop an organisational culture that supports whis...