First Tuesday Q&A

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

Harpur Trust v Brazel Case – Implications for Employers

Posted in: First Tuesday Q&A NI on 01/11/2022 In light of the judgment in Harpur Trust v Brazel, how do you calculate holiday pay for workers on permanent contracts with no regular working hours (i.e. zero-hours)? The UK Supreme Court in Harpur Trust v Brazel [2022] UKSC 21 removed the widely accepted method of calculating holiday pay in a una...
This article is listed under the following topics:
Contracts of Employment Leave

Salary Increase Instead of Pension Contributions – Can an Employer do This?

Posted in: First Tuesday Q&A NI on 01/11/2022 Can an employer increase salary instead of making pension contributions - where the employee requests that they do so? The risk that is run in this situation is whether a salary increase as a result of withdrawal from a pension scheme would be considered inducement under section 54 of the Pensions ...
This article is listed under the following topics:
Contracts of Employment Pensions Pay

What Issues Should an Employer Consider if an Employee Takes a Second Job?

Posted in: First Tuesday Q&A NI on 01/11/2022 During the cost of living crisis, it is likely employees may ask to take on a second job to manage their finances. There are issues when it comes to having multiple jobs surrounding wellbeing and health and safety concerns for employees. Wellbeing - Financial worries will impact on employees mental...
This article is listed under the following topics:
Contracts of Employment Working Time Policies and Procedures

Cost of Living Crisis – Employment Issues Arising?

Posted in: First Tuesday Q&A NI on 01/11/2022 What employment law issues should be on an employer's radar with the looming cost of living crisis? With the cost of living crisis looming and impacting employees there are a number of different employment law issues that employers should be focusing on. Communication and engagement and make sure s...
This article is listed under the following topics:
Pay Wellbeing

What Is The Difference Between Direct Discrimination And Indirect Discrimination?

Posted in: First Tuesday Q&A NI on 04/10/2022 Direct discrimination is described as treating someone ‘less favourably’ than other people on the grounds of a protected characteristic. Indirect discrimination is where workplace rules or arrangements apply equally to everyone, but inadvertently puts someone with a protected characteristic at a d...
This article is listed under the following topics:
Discrimination and Equality

What are the Different Types of Discrimination in Northern Ireland?

Posted in: First Tuesday Q&A NI on 04/10/2022 There are a number of different types of discrimination. Direct discrimination is where an employee is treated less favourably by their employer on the basis of a protected characteristic. Examples of protected characteristics are age, sex, race, sexual orientation, disability, religious belief or ...
This article is listed under the following topics:
Discrimination and Equality

How Do I Comply With Fair Employment Monitoring While Using CV’s?

Posted in: First Tuesday Q&A NI on 04/10/2022 I know that the Equality Commission would recommend application forms but many organisations just use CV’s for recruitment now so it’s about perhaps giving a steer as to how to capture the monitoring data. For example, many companies who have an online application portal will collect the data at t...
This article is listed under the following topics:
Recruitment and Selection

Closure Date for Recruitment Exercise: Must We Legally Comply With This?

Posted in: First Tuesday Q&A NI on 04/10/2022 If an organisation sets a date for receipt of applications for say example, 2 weeks, but finds a great candidate in week 1 – what are the issues associated with not adhering to the 2 week closure date? It would be unlikely for there to be any legal repercussions if an employer wishes to close a se...
This article is listed under the following topics:
Recruitment and Selection

What Are an Employer’s Obligations to Employees Undergoing IVF Treatment?

Posted in: First Tuesday Q&A NI on 06/09/2022 Currently, there is no legal right for time off work for fertility treatment, but any sickness should be treated like any other sickness if unable to work. There are pregnancy rights once you have had the last part of the IVF process (embryo transfer) and might become pregnant. At the moment the UK...
This article is listed under the following topics:
Absence and Sickness Family Friendly Rights

Cosmetic Surgery v Medical Surgery – What Are An Employee’s Rights?

Posted in: First Tuesday Q&A NI on 06/09/2022 There is no requirement to refer to cosmetic surgery within a company's sickness policy or staff handbook, so it is for the employer to decide whether to include it at its own discretion. However, there are benefits for employers providing clarity on how they will deal with time off for cosmetic su...
This article is listed under the following topics:
Absence and Sickness Policies and Procedures