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...

How soon can an employer fill a "redundant" role?

Posted in: First Tuesday Q&A ROI on 03/10/2017 This is a bit of a trick question as, from a legal perspective, a genuinely redundant role does not need to be subsequently filled. In fact, hiring a new recruit to fill a role that was previously confirmed as redundant would add weight to any claim from the now redundant employee that he/she was u...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation

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

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

Can an employee on maternity leave be dismissed if a fixed term contract expires in the middle of maternity leave?

Posted in: First Tuesday Q&A ROI on 03/05/2016 An employee on a fixed-term contract is entitled to full maternity leave. However, if her fixed-term contract ends before the last day of maternity leave, this counts as the last day of maternity leave. This means that if the fixed-term contract ends during maternity leave, then the employee’s cont...
This article is listed under the following topics:
Unfair Dismissal Working Time and Leave Policies and Procedures

We have an employee whose probation has been extended and is not performing. He is likely to be let go with 11 months’ service. We would like to give him an additional six months to get another job. Can we use a compromise agreement to get him to agree not to take an unfair dismissal case where the consideration is that he keeps his job for six months? We would pay for a solicitor for him.

Posted in: First Tuesday Q&A ROI on 05/04/2016 In order to bring a claim for unfair dismissal under the Unfair Dismissals Acts 1977 to 2015 (the “Acts”), an employee must be in a position to demonstrate that he has one year’s continuous service with his employer. Therefore, on the provision of six months additional service, the employee will be...
This article is listed under the following topics:
Unfair Dismissal Probation

How common is re-instatement by a labour court following a finding of unfair dismissal?

Posted in: First Tuesday Q&A ROI on 01/03/2016 When instituting a claim under the Unfair Dismissals Acts 1977-2015, the claimant must specify the redress sought – i.e. reinstatement, re-engagement and / or compensation. Where reinstatement is ordered, the employee is put back to the same position he/she held immediately before the dismissal on ...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues

I thought that if you wanted to dismiss a worker on probation, you still had to follow your disciplinary process. Is this not the case?

Posted in: First Tuesday Q&A ROI on 29/02/2016 Employees who have less than 12 months continuous service with the employer, including employees on probation, are not entitled to bring claims under Unfair Dismissals Acts 1977 to 2015. Therefore, the process for dismissal, including the disciplinary process, is generally subject to less scrutiny ...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues Probation

In setting down a retirement age in a contract of employment, should you include the objective grounds for the retirement age in order to try to manage expectations or are you just tying your hands for the future? What would you advise?

Posted in: First Tuesday Q&A ROI on 03/11/2015 The Unfair Dismissals Acts 1977 to 2007 and the Employment Equality Acts 1998 to 2011 do not permit an employee to take action against his/her employer where the employer enforces a mandatory retirement age within the organisation. However, European and Irish case law has found that the enforcement...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Contracts of Employment