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First Tuesday Q and A

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Features

Where electronic payslips are provided, can we charge a reasonable fee for providing a paper payslip if an employee insists on this?

Posted in: First Tuesday Q&A NI on 06/09/2021 Deductions from wages are only permitted where required or authorise under statute or the contract of employment or where the worker has previously given express written consent. Whilst there is no specific rule preventing an employer from charging an employee for a paper payslip, there is also no ...
This article is listed under the following topics:
Pay and Conditions of Employment
Features

Can we investigate allegations of bullying where the employee concerned does not wish to raise a grievance?

Posted in: First Tuesday Q&A NI on 06/09/2021 If an employer has legitimate concerns about bullying in the workplace, it should investigate the matter even if the employee who has made the allegation does not wish to co-operate with the investigation. Consequences for an employer who fails to carry out investigations into bullying can be signi...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

Would it be lawful for a contract of employment to make payment of salary conditional upon the employee fulfilling their obligations and duties?

Posted in: First Tuesday Q&A NI on 03/08/2021 There is a duty to pay wages when an employee is ready, willing and able to work. This is the case irrespective of whether there is work for them to do or not. Case law states that work and wages go hand-in-hand. In short, if the employer declines to pay, the worker need not work. If the worker dec...
This article is listed under the following topics:
Contracts of Employment
Features

If A Company Based In NI Is Employing Someone Who Will Be Based In England, Should The Governing Law Of The Employment Contract be the Law Of England Or NI?

Posted in: First Tuesday Q&A NI on 03/08/2021 The parties to the employment contract are free to choose the law that will govern the contract. However, the parties’ choice of governing law will not displace the "mandatory rules" that would have applied in the absence of choice. Mandatory rules cover issues such as notice rights, method of term...
Features

How Is Statutory Sick Pay Reclaimed From HMRC In Relation To Employees Who Were Absent From Work Due To COVID-19?

Posted in: First Tuesday Q&A NI on 03/08/2021 Employers can reclaim up to 2 weeks SSP if all of the following apply: Your employee was off work because they had COVID-19 or were self-isolating Your employee was off work because they were shielding – before 26 April 2021 in Scotland, before 12 April 2021 in Northern Ireland and before 1 April ...
This article is listed under the following topics:
Sickness and Absence Coronavirus/Covid-19
Features

If An Employer Had A Policy Of Only Offering Fixed Term-Contracts-to Applicants Who Are Not Entitled To Permanently Reside In The UK Would Be Racial Discrimination

Posted in: First Tuesday Q&A NI on 03/08/2021 Migrant workers employed legally in the UK generally have the same rights as workers who were born in the UK. Importantly, this includes the right to be protected from discrimination. The Race Relations (Northern Ireland) Order 1997 provides protection against racial discrimination. In determining ...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment
Features

What type of employee has the right to make a flexible working request?

Posted in: First Tuesday Q&A NI on 06/07/2021 Any employee can make a request for flexible working in relation to the hours they work, the times they begin/ finish work or their place of work. However, only employees with at least 26 weeks’ continuous service have a statutory right to make such a request to their employer and they can only mak...
This article is listed under the following topics:
A-Typical Working
Features

Do students, who carry out hourly-paid work duing their holidays, accrue holiday during the unpaid absences from work?

Posted in: First Tuesday Q&A NI on 06/07/2021 In the case of a student who carries out hourly-paid work during school/ university vacations (that is, Christmas, Easter and Summer) would their holidays accrue during the unpaid absences from work (i.e. term time)? If the worker remains under a contract during term time, they would continue to a...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave
Features

If an employee is under both a full-time contract and a second, casual contract with the same employer, are they entitled to holidays under both contracts?

Posted in: First Tuesday Q&A NI on 06/07/2021 As these are two separate contracts, the employee will be entitled to whatever statutory (or contractual) holidays apply under each contract. Therefore, the employee is entitled to receive their pro-rated holiday entitlement under the part-time contract in addition to the full-time entitlement unde...
Features

If employees willingly provided a personal email addresses and these were subsequently used to contact them at home during the Covid Lockdown, is this a breach of data protection?

Posted in: First Tuesday Q&A NI on 06/07/2021 If employees provide personal email addresses at the start of their employment and their personal email addresses were used to contact them while they worked from home during the Coronavirus Lockdown, is this a breach of data protection? It will be important to check the content of your privacy not...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Coronavirus/Covid-19