Latest in First Tuesday Q and A

The Northern Ireland Employment Law Hub provides HR and employment law information (in-depth articles, case law reviews, webinars, podcasts and more) to over 1,000 HR professionals in Northern Ireland. Our content is provided by NI's leading employment lawyers and HR experts.

First Tuesday Q and A

We’ve found 444 results

Features

Do we need to pay employees for time spent on rest breaks?

Posted in: First Tuesday Q&A NI on 03/09/2019 Regulation 14 of the Working Time Regulations (Northern Ireland) 2016 (“WTR”) provides that if a worker works for more than 6 hours a day then they are entitled to leave their workstation for the purposes of a rest break. This break lasts for a maximum of 20 minutes and workers are only entitled to...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures
Features

Is an employer under any obligation to provide a reference for a former employee upon their request?

Posted in: First Tuesday Q&A NI on 03/09/2019 Generally, an employer is under no duty to provide a reference to a former employee. However, an employee’s contract may state that the employer will provide them with a reference upon request. In such circumstances, the employer would have an express obligation to provide the former employee with ...
Features

Should our company produce a Modern Slavery Statement?

Posted in: First Tuesday Q&A NI on 03/09/2019 The purpose of a Modern Slavery Statement is to set out what steps a company has taken to prevent modern slavery and human trafficking in its business and supply chains. This area of law is governed by section 54 of the Modern Slavery Act 2015 (the “MSA"). Section 54 of the MSA requires a commercia...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures
Features

Can an employer continue disciplinary proceedings and dismiss an employee even after they have resigned?

Posted in: First Tuesday Q&A NI on 03/09/2019 An employee’s notice of resignation is effective immediately after it is given to their employer. From that point on, it cannot be refused by the employer or withdrawn by the employee without the other party’s agreement. Whether or not an employer should continue a disciplinary procedure will depen...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

What time period constitutes a break in continuous service?

Posted in: First Tuesday Q&A NI on 06/08/2019 Continuous employment is a statutory concept set out under Article 7 of the Employment Rights (Northern Ireland) Order 1996 used to describe the length of unbroken time that an employee has worked. In general, a period of continuous employment will start when an individual commences employment and ...
This article is listed under the following topics:
Contracts of Employment
Features

Can an employer use an unpaid work trial as part of a recruitment process?

Posted in: First Tuesday Q&A NI on 06/08/2019 Work trials can be a useful tool for employers and can form a legitimate part of a recruitment exercise by enabling employers to observe how a candidate performs in a real work setting before formally choosing to hire the candidate. If the candidate performs to a high standard during the trial peri...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Features

Is personal data held on a workplace messenger disclosable under a SAR for an ex-employee?

Posted in: First Tuesday Q&A NI on 06/08/2019 Article 15 of the GDPR, gives data subjects the right to access personal data held about them by a data controller, usually via a subject access request (“SAR”). Messages sent via a workplace messenger which involve the data subject would likely have to be disclosed as part of a subject access requ...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
Features

Is it lawful for an employer only to provide payslips electronically to employees?

Posted in: First Tuesday Q&A NI on 06/08/2019 The law governing payslips is set out under Article 40 of the Employment Rights (Northern Ireland) Order 1996 (“ERO”) which, in short, requires employees to be given a written itemised pay statement. In terms of the provision of electronic payslips, the above legislation raises two questions: Doe...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Features

When is mandatory overtime payable to employees?

Posted in: First Tuesday Q&A NI on 02/07/2019 There is no entitlement for workers to be paid for working extra hours, regardless if it is mandatory or not, unless there is provision for paid overtime in the workers’ contracts of employment. If a contract contains a provision for the requirement of overtime and the rate it would be paid at, fai...
This article is listed under the following topics:
Pay and Conditions of Employment
Features

Does the “use it or lose it” principle still apply to annual leave?

Posted in: First Tuesday Q&A NI on 02/07/2019 Annual leave is governed by the Working Time Regulations (Northern Ireland) 2016 (“WTR (NI)”). Under these regulations (which implement the Working Time Directive (“WTD”)), an employee in is entitled to a minimum of 5.6 weeks annual leave. The legislation differentiates between the WTD entitlement ...
This article is listed under the following topics:
Working Time and Leave