First Tuesday Q&A

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

We have an employee on long term sick leave who we believe is abusing our sick leave policy. Can we engage a private investigator to follow her to gather evidence that we can then use in a disciplinary process?

Posted in: First Tuesday Q&A ROI on 03/04/2018 The engagement of private investigators by employers was, up until relatively recently, a commonplace practice but is now one that is fraught with legal risk. While a number of recent cases from the Workplace Relations Commission suggest that Adjudication Officers remain willing to consider pertine...

How to Carry Out & Comply with the GDPR

Posted in: First Tuesday Q&A ROI on 06/03/2018 This month’s First Tuesday article is a range of questions that were submitted by audience members as part of Legal Island’s Annual Review of Employment Law conferences 2017, with a specific focus on the GDPR. The need to understand and appreciate the strict obligations on employers with regards th...

How does an employer go about amending existing and signed contracts of employment?

Posted in: First Tuesday Q&A ROI on 06/02/2018 At this time of year, many employers are taking some time to look at the bigger picture for their businesses and part of this is ensuring that their contracts and policies are fit for purpose, not least in relation to the impending GDPR. The golden rule in making any substantive amendments to emplo...

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