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First Tuesday Q and A

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Features

If an Employee’s Role Within the Same Company Changes From Part-Time to Full-Time Does This Affect the Continuity of Employment?

Posted in: First Tuesday Q&A NI on 02/11/2021 The Employment Rights (Northern Ireland) Order 1996 has a set way of calculating continuity which overrides any agreement between the employer and employee. It depends on when the continuous period starts; when the continuous period ends; whether anything happens to break continuity between the sta...
This article is listed under the following topics:
Contracts of Employment Working Time
Features

Are Agency Workers Protected From Suffering Detriment in Employment Under The Employment Rights (Northern Ireland) Order 1996?

Posted in: First Tuesday Q&A NI on 02/11/2021 Part VI of the Employment Rights (Northern Ireland) Order 1996 provides that for certain types of detriment claim an individual must have 'employee' status to be protected, and for other types, 'worker' status will suffice. Employee status is defined as an individual who has entered into or works u...
This article is listed under the following topics:
Contracts of Employment Pay
Features

Where an Employee Resigns Before Disciplinary Proceedings Have Finished, Are They Entitled to Receive a Copy of the Outcome?

Posted in: First Tuesday Q&A NI on 02/11/2021 The LRA Code of Practice should be the starting point for employers when dealing with disciplinary and grievance situations. The Code itself is silent as to whether it applies after termination of employment. An employer’s failure to follow the Code does not, in itself, result in liability. However...
This article is listed under the following topics:
Discipline and Grievance Policies and Procedures
Features

Where an Employee Has Left Employment but is Then Found to Have Acted Fraudulently, Can The Employer Bring a Claim For Breach of Contract?

Posted in: First Tuesday Q&A NI on 02/11/2021 Within an employer’s disciplinary rules or disciplinary procedure there will usually be a list, or examples, of what constitutes gross misconduct. This list will usually include fraud. Therefore, fraud on the part of an employee is likely to amount to a fundamental breach of contract that, if the e...
Features

If employees have been working remotely during the pandemic, can they argue that, through custom and practice, they are entitled to work from home on a permanent basis?

Posted in: First Tuesday Q&A NI on 05/10/2021 Any contract may be amended at any time either in accordance with the terms of the contract itself or with the agreement of all the parties to the contract. Case law concerning employment contracts has demonstrated the court's willingness to protect employees from employers who may seek to abuse th...
Features

Is a non-executive director eligible for statutory sick pay?

Posted in: First Tuesday Q&A NI on 05/10/2021 There are certain criteria that must be satisfied in order to be eligible for statutory sick pay (SSP). However, when it comes to non-executive directors, the requirement for the individual to be an 'employee' is likely to be the most immediately relevant. A person appointed as a director of a comp...
This article is listed under the following topics:
Absence and Sickness Pay
Features

If an employment contract is only provided to an employee a few months after employment started, what issues does this give rise to?

Posted in: First Tuesday Q&A NI on 05/10/2021 One of the main issues arising from a delay to provide a written contract is the uncertainty around terms. There is no legal requirement for any employee to have a written contract of employment. However, employers are required by article 33 of the Employment Rights (Northern Ireland) Order 1996 to...
This article is listed under the following topics:
Contracts of Employment
Features

Do employment tribunals have jurisdiction to hear money claims made by a former employee for underpaid employer pension contributions?

Posted in: First Tuesday Q&A NI on 05/10/2021 The EAT in Somerset County Council v Chambers UKEAT/0417/12 confirmed that pension contributions are excluded from the definition of “wages”. Therefore, a claim for underpaid employer pension contributions would most likely be brought as a breach of contract claim. The claimant can choose to bring ...
This article is listed under the following topics:
Pensions Tribunal Practice Procedures and Jurisdictional Issues
Features

Can an employer refuse a request from an unsuccessful job applicant to delete any of their data in its possession as it may be necessary for the defence of legal claims?

Posted in: First Tuesday Q&A NI on 07/09/2021 An employer’s data protection obligations extend to job applicants in relation to retention and erasure of personal data. As a matter of good practice, employers should seek consent from applicants at the outset in relation to their application kept on file in case of future vacancies. At this poin...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Recruitment and Selection
Features

Can we bring a claim against a former employee who has damaged the company’s reputation post-employment?

Posted in: First Tuesday Q&A NI on 07/09/2021 Generally, the employer’s rights against the former employee would be limited to any contractual obligation which may have been breached. For example, if there is an express obligation on the former employee not to hold themselves out as an employee, the above situation will amount to a breach of t...
This article is listed under the following topics:
Discipline and Grievance