First Tuesday Q&A

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

Q&A: Avoiding Sexual Harassment Claims following the Christmas Party

Posted in: First Tuesday Q&A ROI on 05/12/2017 With the Christmas party season now upon us, it is timely to remind employers that employment lawyers often see a spike in sexual harassment related queries crossing their desks come January. But what exactly can employers do to prevent and deal with sexual harassment in the workplace? In this mon...

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 ...

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...

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

With respect to indirect age discrimination and given the higher proportion of younger graduates in the working population, can we specify that a degree is an essential criterion when advertising a job vacancy?

Posted in: First Tuesday Q&A ROI on 03/07/2017 A number of larger employers in the UK, and further afield, such as Nestle, are making the brave move of removing the degree classification from their job specifications. Instead, these employers are leaning towards a more skills-based assessment. The trend of removing degree classification from jo...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection