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First Tuesday Q and A

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Features

Can we continue with a disciplinary process if the employee leaves before the process has concluded?

Posted in: First Tuesday Q&A NI on 01/12/2020 You can continue with the disciplinary process after an employee has left the business. However it is worth considering whether this would have any benefit given that employment relationship has ended and the employee is under no obligation to cooperate with the process. Furthermore, even if the di...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

Does a week of annual leave count as a week on lay-off?

Posted in: First Tuesday Q&A NI on 01/12/2020 If an employee has been on lay-off for four or more consecutive weeks or for six weeks in any 13 week period, they are entitled to claim for a statutory redundancy payment. ‘Lay-off’ is narrowly defined under article 182(1) of the Employment Rights (Northern Ireland) Order 1996 and means a situatio...
This article is listed under the following topics:
Redundancy and Reorganisation
Features

Can we insist employees take unused annual leave or should they be allowed to carry it forward due to COVID-19?

Posted in: First Tuesday Q&A NI on 01/12/2020 Regulation 18 of the Working Time Regulations (Northern Ireland) 2016 enables employers to require employees to take annual leave on particular days provided that they give employees twice as much notice as the leave they are being required to take. Therefore, employers can ask employees to use unt...
This article is listed under the following topics:
Working Time and Leave Coronavirus/Covid-19
Features

Do we have to permit a request to cancel pre-booked annual leave due to lockdown?

Posted in: First Tuesday Q&A NI on 01/12/2020 Employees do not have a statutory right under the Employment Rights (Northern Ireland) Order 2016 or other employment legislation to cancel annual leave requests. Cancellation requests are usually dealt with at an employer's discretion (in the absence of any contractual provision). Whilst employers...
This article is listed under the following topics:
Working Time and Leave Coronavirus/Covid-19
Features

If notice of termination is sent by email, does this constitute notice ‘in writing’?

Posted in: First Tuesday Q&A NI on 03/11/2020 Although not a statutory requirement, it is usual for employment contracts to state that notice must be given in writing. It is prudent for employment contracts to define what is meant by ‘writing’ to avoid any ambiguity. In circumstances where ‘writing’ is not defined within the contract, the defi...
This article is listed under the following topics:
Redundancy and Reorganisation
Features

Can redundancy consultations be carried out remotely?

Posted in: First Tuesday Q&A NI on 03/11/2020 Yes, there is no statutory requirement for redundancy consultations to be carried out face-to-face. However, consultation conducted remotely must ensure that consultation is fair and meaningful. Consultation should also begin when redundancy proposals are at a formative stage. In practice this mean...
This article is listed under the following topics:
Redundancy and Reorganisation Coronavirus/Covid-19
Features

Are employees who are at risk of redundancy covered by the JSS?

Posted in: First Tuesday Q&A NI on 03/11/2020 The JSSC and JSSO do not apply if employees are made redundant or are given notice of redundancy during the period for which their employer is claiming the grant for them. Employers will not be able to claim reimbursement for unworked hours of an employee who has either been made redundant or is un...
Features

What are the main changes to the Job Support Scheme announced on 22 October 2020?

Posted in: First Tuesday Q&A NI on 03/11/2020 On 31 October 2020, the UK government announced an extension of the furlough scheme until the end of November, meaning that the Job Support Scheme (“JSS”) will now not commence until 1 December 2020. Nevertheless, it is still worthwhile noting the changes to the JSS announced on 22 October 2020. On...
This article is listed under the following topics:
Pay and Conditions of Employment Coronavirus/Covid-19
Features

How Do We Make A Claim Under The JSS?

Posted in: First Tuesday Q&A NI on 06/10/2020 The JSS will be open from 1 November 2020 to the end of April 2021. Claims can be made online via gov.uk and the system will open in December 2020. Grants under the JSS will be paid on a monthly basis and in arrears. This means that a claim can only be submitted: in respect of a given pay period; ...
This article is listed under the following topics:
Coronavirus/Covid-19
Features

If We Have Recently Employed New Staff on Zero Hour’s Contracts, Do We Have to Put Them on the JSS?

Posted in: First Tuesday Q&A NI on 06/10/2020 There is nothing to prevent an employer placing zero hours’ staff on the JSS specifically by virtue of them being on zero hours contracts, provided that they satisfy the eligibility requirements set out above. If the staff are very new, they may not qualify for the JSS on the basis that they do not...
This article is listed under the following topics:
Coronavirus/Covid-19