What Effect Will Recent Changes to SSP Rules Have For Employers?

Posted in: First Tuesday Q&A NI on 02/08/2022 The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No 2) Regulations (Northern Ireland) 2022 came into force on 1 July 2022. This amendment will broaden the number of healthcare professionals who can certify statements of fitness to work, commonly known as...

Are Employees Who Take Shared Parental Leave Entitled to Return to the Same Job?

Posted in: First Tuesday Q&A NI on 05/07/2022 Shared parental leave entitles a child’s mother and a second person (whether that be the child’s father or a partner) to share up to 50 of the 52 weeks of time off work. The overall amount of leave is not extended but rather, it allows leave to be shared equally between those two people. An employe...

What are the Implications of a Salary Paid in Cryptoassets?

Posted in: First Tuesday Q&A NI on 05/07/2022 Cryptoassets, such as bitcoin, are an increasingly popular form of payment. HMRC refers to exchange tokens, utility tokens, security tokens, and stablecoins as types of cryptoassets. Although Cryptoassets are not subject to any special UK tax rules, wages received in the form of cryptoassets consti...

Can You Dismiss An Employee For Refusing to Work Due to Covid-19?

Posted in: First Tuesday Q&A NI on 05/07/2022 The EAT held in Rodgers v Leeds Laser Cutting Limited that an employee who refused to return to his workplace during the first lockdown in 2020 was not automatically dismissed. This was one of the first appellate considerations of a covid-19 related dismissal. The claimant in this case had a child ...

Can Menopause Be a Protected Characteristic?

Posted in: First Tuesday Q&A NI on 05/07/2022 For some employees with menopausal symptoms, this can lead to increased absence and affect work their performance. Menopause is not a protected characteristic in and of itself, however, a recent Employment Appeal Tribunal (EAT) case, Rooney v Leicester City Council (2021), determined that an employ...

First Tuesday Q and A: Probationary Periods and Disciplinary Action

Posted in: First Tuesday Q&A NI on 06/06/2022 1)Can an employee get a disciplinary sanction during their probationary as well as a probationary extension? Where an employee is failing to meet the employer's expectations, guidance should be given on the standards of performance and/or behaviour the employee needs to achieve. Where considered ne...

What is 'safe leave’ and what does this mean for employees who have experienced domestic abuse?

Posted in: First Tuesday Q&A NI on 03/05/2022 Northern Ireland has become the first jurisdiction in the United Kingdom to provide support to victims of domestic abuse at work. Legislation has been introduced and is awaiting Royal Assent to provide employees who are victims of domestic abuse with the right of up to ten days of paid leave a year...

National minimum wage increased on 1 April 2022, what can happen if employees' wages are not increased?

Posted in: First Tuesday Q&A NI on 03/05/2022 All workers are entitled to the UK national minimum wage and an itemised pay statement. This requirement is typically satisfied through employers providing payslips. The payslip should include the gross and net pay being received by the employee. Employers also have a duty to keep a record of these...

If an employee requests voluntary redundancy is their employer still bound by dismissal procedures?

Posted in: First Tuesday Q&A NI on 03/05/2022 Even if an employee has requested redundancy they are still technically 'dismissed' and entitled to their employment rights. The voluntary nature of the redundancy should not be mistaken for the employee resigning. An employer should ensure that the correct process for redundancy is followed regard...

If an employee sends work-related documents to their solicitor, would this breach their confidentiality obligations?

Posted in: First Tuesday Q&A NI on 03/05/2022 If an employee sends work-related documents to their solicitor, would this breach their workplace confidentiality obligations? This will heavily depend on what the employee’s confidentiality obligations are and what is stipulated in their contract. It may also depend on the content of the work-rela...