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First Tuesday Q and A

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Features

Can We Share an Employee’s Health Information with The Public Health Agency?

Posted in: First Tuesday Q&A NI on 07/04/2020 Organisations are not prevented from sharing employees’ health information with authorities, such as the Public Health Agency, for public health purposes. This is in accordance with the lawful basis for processing under Article 9(2)(i) of the GDPR whereby processing special category data (e.g. heal...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Coronavirus/Covid-19
Features

When Are Employees Entitled To SSP?

Posted in: First Tuesday Q&A NI on 07/04/2020 The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations (Northern Ireland) 2020 which came into force on 28 March 2020 provide that an employee is only entitled to SSP if: they have a symptom of Covid-19; or someone in their household has a symptom of Co...
This article is listed under the following topics:
Sickness and Absence Coronavirus/Covid-19
Features

Can We Ask an Employee Who Has a Family Member Who Has Been Diagnosed With, or Is Suspected to Have, Covid-19 Not to Come in to Work?

Posted in: First Tuesday Q&A NI on 03/03/2020 If the employee has been in close contact with the family member, for example, lives with them, it would be a reasonable request for an employer to ask the employee to self-isolate. However, it is likely in such a scenario, the employee would wish to self-isolate anyway. In contrast, if an employer...
Features

Do Employers Have to Pay Employees Who are Self-Isolating After Returning From an Affected Area?

Posted in: First Tuesday Q&A NI on 03/03/2020 Firstly, if employees are self-isolating as a precautionary measure, depending on the nature of their role, they may be able to continue working from home. In such instances, employees would continue to be paid because they are still fulfilling their duties to their employer. If employees who are ...
Features

Can Employers Make Employees Stay at Home Who Have Just Returned From an Affected Area?

Posted in: First Tuesday Q&A NI on 03/03/2020 Employers have a duty to ensure the health and safety of their workforce. Therefore, it is understandable that employers are concerned about employees returning to the workplace after they have visited an affected area. If employers knowingly permit employees who have been advised to self-isolate t...
Features

What Can We Do About Employees Who Are Afraid to Come to Work Because of Coronavirus?

Posted in: First Tuesday Q&A NI on 03/03/2020 The Corona Virus/Covid-19 pandemic is beginning to cause increased worry for employers, particularly as the first case has been diagnosed in Northern Ireland. It is envisaged that employers will see a rise in other employees wanting to work from home for fear of coming into contact with the virus, ...
Features

Due to cancelled MOTs my company vehicles cannot go on the road and I have no alternative work for my employees, what can I do?

Posted in: First Tuesday Q&A NI on 04/02/2020 This impact of this problem should now be significantly reduced due to the issuance of exemption certificates for vehicles over four years old. Even if your company vehicles are four years old and therefore fall in to the unfortunate gap, they will be prioritised when re-booking MOTs, so you should...
This article is listed under the following topics:
Contracts of Employment
Features

My employee says they cannot get to work and cannot drive their car as it is due a MOT and it has been cancelled – do I have to pay them?

Posted in: First Tuesday Q&A NI on 04/02/2020 There will be no one size fits all answer to this query, and it will likely be determined based on the particular circumstances that the employee is in. In the first instance you should consult any applicable policy for guidance, such as an absence policy, and also check how the company has dealt ...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Features

Can I dismiss an employee who refuses to drive a vehicle which has not got a valid MOT certificate?

Posted in: First Tuesday Q&A NI on 04/02/2020 The standard position is that driving a vehicle without a valid MOT certificate is prohibited under article 61 of the Road Traffic (Northern Ireland) Order 1995. However, with the current debacle surrounding cancelled MOT tests in Northern Ireland, the Department for Infrastructure has introduced a...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Features

If a part-time employee changes their days of work but remains on part-time hours, does this change their holiday entitlement?

Posted in: First Tuesday Q&A NI on 07/01/2020 An employee who works part-time is still entitled to 5.6 weeks’ annual leave, the same as the entitlement for a full time employee. Unfortunately “week’s leave” is not defined in the Working Time Regulations (Northern Ireland) 2016. Nevertheless, the established position is that a week's leave mean...
This article is listed under the following topics:
Working Time and Leave