First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

Is an employee that rejects an offer of suitable alternative employment entitled to notice pay in a redundancy scenario?

Posted in: First Tuesday Q&A NI on 02/06/2020 If an employee unreasonably refuses suitable alternative employment in a redundancy scenario, they are treated as dismissed. This means that an employee could lose their right to a statutory redundancy payment (provided that they were otherwise eligible e.g. two years continuous service). However, ...

We have had to delay an employee’s start date to three months after the date specified in their contract due to Covid-19. When will their period of continuity of employment commence?

Posted in: First Tuesday Q&A NI on 02/06/2020 Article 7(1)(a) of the Employment Rights (Northern Ireland) Order 1996 (“ER(NI)O”) states that an employee’s period of continuous employment commences on the “day on which the employee starts work". However, this has been subject to interpretation in the courts because there are instances when an e...
This article is listed under the following topics:
Contracts of Employment Coronavirus/Covid-19

What factors do employers need to consider in relation to testing employees for Covid-19?

Posted in: First Tuesday Q&A NI on 02/06/2020 The below answer is for guidance purposes only and specific legal advice should be sought if your organisation is considering implementing Covid-19 testing. There are various factors for employers to consider in relation to making employees take a Covid-19 test, for example: Data protection implic...

Can an employer withdraw offers of employment or delay start dates for new recruits in light of Covid-19?

Posted in: First Tuesday Q&A NI on 02/06/2020 Withdrawing offers of employment As a starting point, an employer would need to consider if a contract of employment has been signed by the new recruits (although, technically, a contract can be formed without it being written down). This is because once the offer of employment has been made and ac...
This article is listed under the following topics:
Contracts of Employment Coronavirus/Covid-19

Must employers still comply with the 30 day response timeframe for subject access requests during the COVID-19 pandemic?

Posted in: First Tuesday Q&A NI on 05/05/2020 The ICO has confirmed that it cannot relax the 30-day response period for subject access requests because it is a statutory timeframe (set out under sections 45 and 54 of the Data Protection Act 2018). However, the ICO has stated that it appreciates organisations’ attentions may be diverted elsewhe...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Coronavirus/Covid-19

In what circumstances can employees claim statutory guarantee payments?

Posted in: First Tuesday Q&A NI on 05/05/2020 Statutory guarantee payments are covered under Part V (Article 60 – Article 67) of the Employment Rights (Northern Ireland) Order 1996. They are statutory payments which aim to provide a degree of financial assistance to employees who are subject to temporary lay-off or short time working (provided...
This article is listed under the following topics:
Redundancy and Reorganisation Pay and Conditions of Employment Coronavirus/Covid-19

Can annual leave be taken during furlough?

Posted in: First Tuesday Q&A NI on 05/05/2020 The Coronavirus Job Retention Scheme (“CJRS”) guidance, as updated on 17 April 2020, confirms that workers can take annual leave during furlough. However, annual leave taken during furlough leave should be paid at the worker’s “normal” rate of remuneration i.e. not the reduced 80% rate under the CJ...
This article is listed under the following topics:
Working Time and Leave Coronavirus/Covid-19

Can we keep in contact with employees who are furloughed?

Posted in: First Tuesday Q&A NI on 05/05/2020 The employer guidance on the Coronavirus Job Retention Scheme (“CJRS”) states that an employee must not carry out any work for their employer while they are on furlough leave. The guidance stipulates that an employee must not make money for or provide services to the employer’s organisation (or any...
This article is listed under the following topics:
Coronavirus/Covid-19

What Elements of Remuneration Can Be Claimed Through The Job Retention Scheme (“JRS”)?

Posted in: First Tuesday Q&A NI on 07/04/2020 On 4 April 2020, the government provided more information on the specific elements of remuneration that can be claimed when calculating the wages of those who are being furloughed. The guidance confirms that employers can claim for any regular payments that they are obliged to pay their employees, ...
This article is listed under the following topics:
Pay and Conditions of Employment Coronavirus/Covid-19

How Can We Help Staff Adhere To Data Protection Principles When Working From Home?

Posted in: First Tuesday Q&A NI on 07/04/2020 The European Data Protection Board and ICO have acknowledged that we are in an unprecedented and difficult situation meaning that normal working practices had to be modified very quickly. Despite this, organisations should ensure that security measures are in place for home-working, similar to thos...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Coronavirus/Covid-19