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First Tuesday Q and A

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Features

If notice of termination is sent by email, does this constitute notice ‘in writing’?

Posted in: First Tuesday Q&A NI on 03/11/2020 Although not a statutory requirement, it is usual for employment contracts to state that notice must be given in writing. It is prudent for employment contracts to define what is meant by ‘writing’ to avoid any ambiguity. In circumstances where ‘writing’ is not defined within the contract, the defi...
This article is listed under the following topics:
Redundancy and Reorganisation
Features

Can redundancy consultations be carried out remotely?

Posted in: First Tuesday Q&A NI on 03/11/2020 Yes, there is no statutory requirement for redundancy consultations to be carried out face-to-face. However, consultation conducted remotely must ensure that consultation is fair and meaningful. Consultation should also begin when redundancy proposals are at a formative stage. In practice this mean...
This article is listed under the following topics:
Redundancy and Reorganisation Coronavirus/Covid-19
Features

Are employees who are at risk of redundancy covered by the JSS?

Posted in: First Tuesday Q&A NI on 03/11/2020 The JSSC and JSSO do not apply if employees are made redundant or are given notice of redundancy during the period for which their employer is claiming the grant for them. Employers will not be able to claim reimbursement for unworked hours of an employee who has either been made redundant or is un...
Features

What are the main changes to the Job Support Scheme announced on 22 October 2020?

Posted in: First Tuesday Q&A NI on 03/11/2020 On 31 October 2020, the UK government announced an extension of the furlough scheme until the end of November, meaning that the Job Support Scheme (“JSS”) will now not commence until 1 December 2020. Nevertheless, it is still worthwhile noting the changes to the JSS announced on 22 October 2020. On...
This article is listed under the following topics:
Pay and Conditions of Employment Coronavirus/Covid-19
Features

How Do We Make A Claim Under The JSS?

Posted in: First Tuesday Q&A NI on 06/10/2020 The JSS will be open from 1 November 2020 to the end of April 2021. Claims can be made online via gov.uk and the system will open in December 2020. Grants under the JSS will be paid on a monthly basis and in arrears. This means that a claim can only be submitted: in respect of a given pay period; ...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

If We Have Recently Employed New Staff on Zero Hour’s Contracts, Do We Have to Put Them on the JSS?

Posted in: First Tuesday Q&A NI on 06/10/2020 There is nothing to prevent an employer placing zero hours’ staff on the JSS specifically by virtue of them being on zero hours contracts, provided that they satisfy the eligibility requirements set out above. If the staff are very new, they may not qualify for the JSS on the basis that they do not...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

Do We Have to Obtain Employee Agreement to Place Them on The JSS?

Posted in: First Tuesday Q&A NI on 06/10/2020 Yes. The Job Support Factsheet states that employers must agree the new short-time working arrangements with their employees, including any contractual changes and notify employees in writing. On request, the employer must provide HMRC with a copy of its agreement with the employee regarding reduc...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

Do Employees Have To Have Been Furloughed Previously To Be Put On The Job Support Scheme?

Posted in: First Tuesday Q&A NI on 06/10/2020 No, employees do not need to have been furloughed previously in order to be put on the JSS. In fact, employers can avail of the JSS even if they did not use the CJRS at all. However, the JSS is intended to primarily assist small to medium sized businesses (“SMEs”) and large employers need to demons...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

If we reduce an employee’s hours, what happens to their accrued holiday?

Posted in: First Tuesday Q&A NI on 04/08/2020 Under regulation 15 and regulation 16 of the Working Time Regulations (Northern Ireland) 2016 (“WTR”), a worker is entitled to a period of 5.6 weeks’ paid leave in each leave year (pro-rated for part-time workers). This entitlement equates to 28 days for those who work 5 days a week and is comprise...
This article is listed under the following topics:
Working Time and Leave
Features

If an employee has failed to attend a disciplinary hearing, can we proceed in their absence?

Posted in: First Tuesday Q&A NI on 04/08/2020 When dealing with misconduct by a member of staff, it is important that a fair procedure is followed, otherwise any resulting dismissal may be considered unfair (providing the individual satisfies the eligibility criteria for bringing an unfair dismissal claim). In accordance with the LRA Code of P...
This article is listed under the following topics:
Disciplinary and Grievance Issues