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First Tuesday Q and A

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Features

Does the right to be accompanied apply at a meeting to discuss an occupational health report?

Posted in: First Tuesday Q&A NI on 13/04/2021 An employee has a statutory right to be accompanied (by a trade union representative or a fellow worker) at a "disciplinary meeting" which is defined as a meeting that could result in a formal warning being issued to a worker by the employer; the taking of some other action in respect of a worker b...
This article is listed under the following topics:
Sickness and Absence
Features

How much detail of allegations are we required to give an employee in advance of an investigative meeting?

Posted in: First Tuesday Q&A NI on 13/04/2021 It should be noted at the outset that investigatory meetings are not disciplinary hearings and employers generally have more discretion in terms of the detail that is provided to employees in advance of an investigatory meeting. In general terms, an investigatory meeting is essentially a fact-findi...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

What Are The Potential Discrimination Risks Associated With Requiring Employees To Have The COVID-19 Vaccine?

Posted in: First Tuesday Q&A NI on 02/03/2021 Mandatory vaccination is a topic that has gathered significant attention over the past weeks and months. However, employers should be aware that there is a risk of exposing themselves to discrimination claims if they seek to compel employees to have the vaccine. Employers should familiarise themsel...
This article is listed under the following topics:
Discrimination and Equality Coronavirus/Covid-19
Features

Can An Employer Commence Disciplinary Proceedings Against Employees Who Refuse To Have A COVID-19 Vaccine?

Posted in: First Tuesday Q&A NI on 02/03/2021 Employer could try and argue that requesting employees to have the COVID-19 vaccine amounts to a reasonable management instruction on the basis that it is intended to protect health and safety, and that a failure to comply is misconduct. However, given the nature of the request along with the fact ...
Features

Is An Employee Who Is Off On Maternity Leave Permitted To Carry Over Her Accrued But Untaken Annual Leave?

Posted in: First Tuesday Q&A NI on 02/03/2021 An employee who is on maternity leave and therefore cannot use annual leave must be permitted to take her full holiday entitlement outside her maternity leave period. This was confirmed by the European Court of Justice in Merino Gomez v Continental Industrias del Caucho SA (C342/01) [2005] ICR 1040...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave
Features

Can We Ask An Employee On Long-Term Sick Leave To Use Annual Leave?

Posted in: First Tuesday Q&A NI on 02/03/2021 Generally, employers can give notice to employees specifying dates on which their statutory holiday must be taken, in accordance with regulation 18(2) of the Working Time Regulations (Northern Ireland) 2016. This is provided that the employee is given twice the amount of notice of the length leave ...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave
Features

Can employers make employees use annual leave during periods of furlough?

Posted in: First Tuesday Q&A NI on 02/02/2021 Yes, employers can require employees to use annual leave during periods of furlough. However, employees need to be given twice as much notice as the length of the holiday they are required to take (e.g. ten days’ notice for five days’ holiday) unless the employment contract says otherwise. The gove...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

Can employees serving their notice period be claimed for through the CJRS

Posted in: First Tuesday Q&A NI on 02/02/2021 This depends on the claim period. For claim periods relating to November 2020, employers can claim for a furloughed employee who is serving a notice period. However, for claim periods starting on or after 1 December 2020, employers cannot claim for any days on or after 1 December 2020 during which...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

Does a business have to show a downturn in work to avail of the extended CJRS?

Posted in: First Tuesday Q&A NI on 02/02/2021 The Treasury Direction for the extended CJRS states that the scheme applies to employees "whose employment activities have been adversely affected by the coronavirus and coronavirus disease or the measures taken to prevent or limit its further transmission”. The employer guidance also states that e...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

Which employees are eligible for the extended CJRS?

Posted in: First Tuesday Q&A NI on 02/02/2021 The CJRS has been extended until the end of April 2021 (“extended CJRS”) and employers can avail of the scheme on a flexible basis. Employees will be eligible for the extended CJRS provided that their employer has made a PAYE RTI submission to HMRC between 20 March 2020 and 30 October 2020 notifyin...
This article is listed under the following topics:
Coronavirus/Covid-19