Can an Employer Waive the Eight Weeks’ Notice Requirement to Return to Work Early from Maternity Leave?

Posted in: First Tuesday Q&A NI on 07/08/2023 An employee who is seeking to return to work before the end of her additional maternity leave (AML) must give the employer at least eight weeks’ notice of her intention to return early. However, it is for the employer to decide whether it wishes to enforce the eight-week notice requirement if the e...

How much Leave are Employees Entitled to Annually?

Posted in: First Tuesday Q&A NI on 04/07/2023 With the summer holidays beginning, employers can expect the next few months to be filled with annual leave requests from their employees. It is therefore important for employers to refresh their understanding regarding the annual leave entitlements afforded to their employees. The Working Time Reg...

What Types of Break Between Contracts would not Constitute a Break in Continuous Employment?

Posted in: First Tuesday Q&A NI on 04/07/2023 An individual’s continuous employment is calculated in months and years, starting with the date he or she begins working with the employer. It is important to establish an employee’s minimum period of continuous employment with an employer as it enables them to be eligible for certain rights and pa...

What are the Prerequisites for a Claim of Unfair Dismissal?

Posted in: First Tuesday Q&A NI on 04/07/2023 Under Article 126(1) of the Employment Rights (Northern Ireland) Order 1996, ‘an employee has the right not to be unfairly dismissed by his employer’. Whilst this appears straightforward, there are prerequisites that an employee, as a claimant, must satisfy before beginning proceedings against thei...

What Control can an Employer Exercise over an Employee’s Social Media Accounts?

Posted in: First Tuesday Q&A NI on 06/06/2023 More and more businesses have been utilising social media as a tool for building brand awareness and client interaction whether it be on LinkedIn, Instagram or TikTok. However, whilst an asset, social media can present employers with challenges particularly in relation to their employee’s use of it...

In a Direct Discrimination Claim, What is a Comparator and When is it Required?

Posted in: First Tuesday Q&A NI on 06/06/2023 If an employee claims that their employer discriminated directly against them, it must be proven that the treatment was less favourable than the treatment which would be afforded to others due to the employee’s protected characteristic. In order for the tribunal to approach this, a comparator must ...

Can an Employer Refuse to pay Statutory Sick Pay if the Employee has not Complied with the Notification Requirements?

Posted in: First Tuesday Q&A NI on 06/06/2023 If an employee is unwell and unable to work, provided that they meet certain qualifying conditions, they are entitled to receive Statutory Sick Pay (‘SSP’). If these qualifying conditions are not met, or if an employer has good reason to believe that an employee is abusing the sickness procedure, t...

Whilst on Maternity Leave, are there any Consequences for an Employee taking more than 10 Keeping in Touch (KIT) Days?

Posted in: First Tuesday Q&A NI on 02/05/2023 All pregnant employees are legally entitled to take up to 52 weeks’ statutory maternity leave, made up of 26 weeks’ Ordinary Maternity Leave and 26 week’s Additional Maternity Leave, provided it is a single continuous period of leave. Employers can appreciate that this is a significant period of ti...

What is the Difference Between Sexual Harassment and Sex Discrimination?

Posted in: First Tuesday Q&A NI on 02/05/2023 In the aftermath of the MeToo movement, catalysed by allegations within the Hollywood film industry, there remains ongoing dialogue in regard to sexual harassment and violence. Accompanying this surge in awareness and discussion, it has become more commonplace for claims of sexual harassment to be ...

Can an Employee Lodge a Claim for Discrimination that has Occurred Outside their Physical Employment Base/Office and Normal Working Hours?

Posted in: First Tuesday Q&A NI on 02/05/2023 It is important that employers are aware that behaviour and actions at organised ‘social activities’ involving employees can fall within the scope of ‘in the course of employment’ as established in the case of Chief Constable of the Lincolnshire Police v Stubbs and others [1999]. Where, for example...