Articles & Downloads / 2018

Graham Pierce

Is your occupancy secure?

17 July 2018

Most occupiers of business premises will be aware that they have certain protections afforded to them under the provisions of the Business Tenancies (NI) Order 1996. Amongst other provisions, the Order allows a tenant the right to a new tenancy on the expiry of the term of the tenancy unless the landlord can object to a new lease being granted and therefore regain possession using one of a number of limited and specific grounds as contained in the Order. However for the legislation to apply in the first instance the tenancy must be one that is capable of being protected by the legislation. Read More

Maxine Orr

Redundancy consulting “in good time”

03 July 2018

An employer is legally obliged to collectively consult if it is “proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less”. There is a defence for businesses that fail to comply with this consultation requirement if there are “special circumstances which render it not reasonably practicable” for the employer to comply with the requirements to begin consultation in good time and within the applicable minimum period. Read More

Maxine Orr

What is Bumping in a Redundancy Situation?

20 June 2018

In redundancy exercises, employers have a duty to consider suitable alternative employment for any employee at risk of redundancy. This sometimes involves an employer placing an ‘at risk’ employee into a role that is currently occupied and dismissing the displaced employee instead. This process is known as ‘bumping’. In the case of Mirab v Mentor Graphics (UK) Limited, the Employment Appeal Tribunal (EAT) considered whether employers must consider ‘bumping’ an employee in a redundancy situation. Read More

Louise McAloon

Discrimination in Recruitment - Unlawful political discrimination following failure to appoint highest scoring candidate

12 June 2018

The importance of a fair and merit based recruitment process was highlighted in a decision recently issued by the Fair Employment Tribunal in Northern Ireland (CRN 65/17FET). Awarding compensation of £5,500 to former Sinn Féin MLA Phil Flanagan, the Tribunal found that Mr Flanagan had been unlawfully discriminated against on grounds of his political opinion by Citizens Advice Armagh in relation to their failure to appoint him to the post of Manager, despite being the highest scoring candidate in the recruitment process. Read More

Catherine Cooney

Top ten tips any new business should know

05 June 2018

Starting out in business is daunting and most start ups will want to focus on building the business and bringing in money. However, it is important to take the right legal steps at the beginning to avoid time consuming and expensive issues later. This short checklist is designed to help businesses mitigate the legal risks and achieve commercial success. Read More

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