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Q -
Can an employer restrict a
job to people of a particular religion or
belief?
A
- A job can be restricted to candidates of a
particular religion or belief only where, having
regard to the nature of the employment or the
context in which it is carried out, being of
that religion or belief is a genuine and
determining occupational requirement for the job
and it is proportionate to apply that
requirement in the particular case.
Q
- Can an employer contact an employee's doctor directly
for a medical report?
A -
No. The employee's consent must be obtained in
writing prior to the letter being sent to the
doctor and the employee given the opportunity of
seeing the report before it is sent to the
Company
Q Where does an
employer stand on imposed pay cuts?
A
The basic position is that an employer cannot
vary an employee's contract, unless the
variation is either permissible under the
contract itself, or the employee agrees to the
change.
Q If an
employer unilaterally cuts pay, after
employees refuse to agree to it, what are the
legal risks?
A
In terms of a pay cut (be it either short-term
or permanent), if the employer does not have
the employee's written agreement, then there
are several claims the employer may face. By
paying the employee less than they are
entitled to under the contract of employment,
the employer will face an unlawful deduction
from wages claim. Also, the employee may walk
out and claim
constructive dismissal.
The employer may have a defence to the
constructive dismissal claim of "some other
substantial reason" (SOSR), or possibly
redundancy, if the change was proposed in a
redundancy situation.
Q
-
Is it lawful for an employer to dismiss a
complaint of harassment or bullying from an
employee who is thought to be 'over-sensitive'?
A -
It is the responsibility of the employer to make
all employees aware of reporting procedures for
alleged harassment or bullying. Failure to
provide an adequate grievance procedure could
itself gives grounds for a claim against the
employer. Furthermore, any employee who brings
in good faith a complaint of discrimination must
not be less favourably treated as a result
Q -
If a business client harasses an employee, is
the employer liable?
A -
An employer will be liable for acts of its
agents, and could be liable to an employee for
negligence if the employee suffered mental
and/or physical injury because of harassment by
a third party that the employer could reasonably
have foreseen and prevented or reduced.
Q -
Are there any circumstances in which an employer
can insist on recruiting from a particular
racial group?
A - Yes, under certain limited
circumstances employers have a defence to a
discrimination claim where being of a particular
racial group is a genuine occupational
requirement or qualification for the job.
Q -
Can an employer dismiss an employee in cases of
long term sickness?
A -
Can dismiss but only by following the capability
procedure and by ensuring that medical opinion
is obtained at every stage.
Q
- I
want to issue someone with a disciplinary
warning - what do I do?
A
-
Talk them through disciplinary procedure, from
written advice of meeting, right to be
accompanied, process of meeting, adjournment if
necessary, decision of what level of warning to
issue and follow up letter with right to appeal.
Q
- I
want to make someone redundant - what do I do?
A
- Talk them through process of whether it is a
genuine redundancy situation, the consultation
period and purpose, selection criteria and its
importance, calculation of redundancy payments
and final confirmation of decision and follow up
letter.
Q
- If
one of my employee's leaves the Company of their
own accord having been issued notice during a
redundancy exercise, do they forfeit their
redundancy pay?
A
- No, however, they may forfeit part of the
notice pay.
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