Whilst on Maternity Leave, are there any Consequences for an Employee taking more than 10 Keeping in Touch (KIT) Days?

Posted in: First Tuesday Q&A NI on 02/05/2023 All pregnant employees are legally entitled to take up to 52 weeks’ statutory maternity leave, made up of 26 weeks’ Ordinary Maternity Leave and 26 week’s Additional Maternity Leave, provided it is a single continuous period of leave. Employers can appreciate that this is a significant period of ti...

What is the Difference Between Sexual Harassment and Sex Discrimination?

Posted in: First Tuesday Q&A NI on 02/05/2023 In the aftermath of the MeToo movement, catalysed by allegations within the Hollywood film industry, there remains ongoing dialogue in regard to sexual harassment and violence. Accompanying this surge in awareness and discussion, it has become more commonplace for claims of sexual harassment to be ...

Can an Employee Lodge a Claim for Discrimination that has Occurred Outside their Physical Employment Base/Office and Normal Working Hours?

Posted in: First Tuesday Q&A NI on 02/05/2023 It is important that employers are aware that behaviour and actions at organised ‘social activities’ involving employees can fall within the scope of ‘in the course of employment’ as established in the case of Chief Constable of the Lincolnshire Police v Stubbs and others [1999]. Where, for example...

What is the Law in Relation to the Recruitment of Individuals with a Criminal Record?

Posted in: First Tuesday Q&A NI on 10/03/2023 Whilst businesses and companies can be cautious and, at times, reluctant to recruit individuals with a criminal record, this can be a key factor in any ex-offender’s rehabilitation and employers should treat fairly job applicants who have criminal convictions. The Rehabilitation of Offenders (North...

Does Swearing in the Workplace Constitute Misconduct?

Posted in: First Tuesday Q&A NI on 10/03/2023 In the recent GB case Ms H Dadhania v SAP(UK) Ltd and Others 3307319/2020, it was deemed by the judge, Andrew Gumbiti-Zimuto, that swearing is ‘fairly commonplace’ and has lost the ‘shock value’ that it once carried in an arguably more conservative society. Generally, if a business wishes to make f...

Is Addiction Classed as a Disability under the Disability Discrimination Act 1995?

Posted in: First Tuesday Q&A NI on 10/03/2023 A disability is defined by Section 1(1) Disability Discrimination Act 1995 to be a physical or mental impairment which has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities. Whilst various conditions do fall within the definition of a d...

What are an Employee’s Rights when they Suffer the Death of a Child?

Posted in: First Tuesday Q&A NI on 10/03/2023 An employee is entitled to take time off work if they have a stillbirth after 24 weeks of pregnancy or if their child dies before turning 18. Under the Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022, an employee is entitled to two weeks’ parental bereavement leave regardless of th...

Do Employees have a Right to Request Remote Working?

Posted in: First Tuesday Q&A NI on 10/03/2023 Yes, employees have a right to request remote working from their employer under Article 112F of the Employment Rights (Northern Ireland) Order 1996. However, they must satisfy certain criteria to be eligible to do so: the individual must be an employee – agency workers and office holder do not hav...

What are the Rights for an Employee who is Suffering Domestic Abuse?

Posted in: First Tuesday Q&A NI on 10/03/2023 In August 2022, the Labour Relations Agency published a ‘Safe at Home, Safe at Work’ guide which focused on how employers can support and assist employees that are suffering from domestic abuse and violence. There has been a pressing need to focus on this issue since the COVID-19 pandemic and parti...

What is the Impact of Industrial Action on Statutory and Contractual Employment Rights?

Posted in: First Tuesday Q&A NI on 10/03/2023 Currently within Northern Ireland, as in the rest of the UK, there has been an increase in industrial action following complaints of unsatisfactory working conditions, including pay. Industrial action is considered a last resort for employees where a dispute cannot be resolved through negotiation. ...