First Tuesday Q&A

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

If a member of staff leaves the Company but then re-joins the next year on a new contract of employment, does the Company need to carry out a full induction programme with them again?

Posted in: First Tuesday Q&A NI on 01/10/2019 As a general rule, it is important that all businesses, regardless of size, should have a thorough induction programme to provide employees with all the information they need before commencing the job. The induction programme should reflect the complexity of the job in question and help employees a...
This article is listed under the following topics:
Contracts of Employment

What is the timeframe for exercising a right to paternity leave? What if paternity leave cannot be taken within the timeframe?

Posted in: First Tuesday Q&A NI on 01/10/2019 The statutory entitlement of one or two consecutive weeks’ leave (known as ordinary paternity leave) must be taken between the date on which the child is born or placed with the adopter and 56 days after that date. However, if the child is born before the first day of the expected week of its birth...
This article is listed under the following topics:
Working Time and Leave

Can prescribed information under the ERO 1996 be given via email in a collective redundancy situation?

Posted in: First Tuesday Q&A NI on 01/10/2019 Where an employer is proposing to dismiss as redundant 20 or more employees within any period of 90 days or less, it has statutory obligations to: (a) inform appropriate representatives; (b) consult appropriate representatives; and (c) notify the Department for the Economy. Art 216(6) of th...
This article is listed under the following topics:
Redundancy and Reorganisation Collective and Trade Union Issues

Can an employer insist on an employee using holiday entitlement during their notice period when on garden leave?

Posted in: First Tuesday Q&A NI on 01/10/2019 The employment contract continues to subsist during any period of garden leave. Therefore, the employer must continue to: Perform all the terms of the contract. Pay salary at the normal time. Provide all other contractual benefits, such as medical and pension benefits and company car. Allow the em...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

Do we need to pay employees for time spent on rest breaks?

Posted in: First Tuesday Q&A NI on 03/09/2019 Regulation 14 of the Working Time Regulations (Northern Ireland) 2016 (“WTR”) provides that if a worker works for more than 6 hours a day then they are entitled to leave their workstation for the purposes of a rest break. This break lasts for a maximum of 20 minutes and workers are only entitled to...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures

Is an employer under any obligation to provide a reference for a former employee upon their request?

Posted in: First Tuesday Q&A NI on 03/09/2019 Generally, an employer is under no duty to provide a reference to a former employee. However, an employee’s contract may state that the employer will provide them with a reference upon request. In such circumstances, the employer would have an express obligation to provide the former employee with ...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Recruitment and Selection

Should our company produce a Modern Slavery Statement?

Posted in: First Tuesday Q&A NI on 03/09/2019 The purpose of a Modern Slavery Statement is to set out what steps a company has taken to prevent modern slavery and human trafficking in its business and supply chains. This area of law is governed by section 54 of the Modern Slavery Act 2015 (the “MSA"). Section 54 of the MSA requires a commercia...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures

Can an employer continue disciplinary proceedings and dismiss an employee even after they have resigned?

Posted in: First Tuesday Q&A NI on 03/09/2019 An employee’s notice of resignation is effective immediately after it is given to their employer. From that point on, it cannot be refused by the employer or withdrawn by the employee without the other party’s agreement. Whether or not an employer should continue a disciplinary procedure will depen...
This article is listed under the following topics:
Disciplinary and Grievance Issues

What time period constitutes a break in continuous service?

Posted in: First Tuesday Q&A NI on 06/08/2019 Continuous employment is a statutory concept set out under Article 7 of the Employment Rights (Northern Ireland) Order 1996 used to describe the length of unbroken time that an employee has worked. In general, a period of continuous employment will start when an individual commences employment and ...
This article is listed under the following topics:
Contracts of Employment

Can an employer use an unpaid work trial as part of a recruitment process?

Posted in: First Tuesday Q&A NI on 06/08/2019 Work trials can be a useful tool for employers and can form a legitimate part of a recruitment exercise by enabling employers to observe how a candidate performs in a real work setting before formally choosing to hire the candidate. If the candidate performs to a high standard during the trial peri...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment