First Tuesday Q&A

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

If a part-time employee changes their days of work but remains on part-time hours, does this change their holiday entitlement?

Posted in: First Tuesday Q&A NI on 07/01/2020 An employee who works part-time is still entitled to 5.6 weeks’ annual leave, the same as the entitlement for a full time employee. Unfortunately “week’s leave” is not defined in the Working Time Regulations (Northern Ireland) 2016. Nevertheless, the established position is that a week's leave mean...
This article is listed under the following topics:
Working Time and Leave

Can employers treat an employee’s unauthorised absence as their resignation?

Posted in: First Tuesday Q&A NI on 07/01/2020 In normal circumstances, notice is usually required to terminate a contract of employment. Notice should be given in a clear manner and once validly given it is effective and does not need to be accepted by the other party. If an employee has taken unauthorised absence i.e. gone AWOL, it would be ...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues

What can an employer do about an employee who covertly recorded a grievance meeting without permission?

Posted in: First Tuesday Q&A NI on 07/01/2020 Employees do not have a right to record grievance hearings and even if they ask permission an employer may refuse to permit a meeting to be recorded. However, it is within the interests of both parties to have a record of matters discussed during a grievance hearing for future reference. The prefer...
This article is listed under the following topics:
Disciplinary and Grievance Issues

Is an employee on an unpaid career break entitled to receive statutory notice pay?

Posted in: First Tuesday Q&A NI on 07/01/2020 Firstly, it will be necessary to check whether the employee’s contract of employment is continuing or terminating during the career break. If the contract is terminating, the employee loses their right to notice and any notice pay. If the contract of employment is continuing, the employee will cont...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

Should an internal disciplinary procedure be applied to an employee who is on probation?

Posted in: First Tuesday Q&A NI on 04/11/2019 The probationary period provides a suitable amount of time to an employer to be able to assess an employee before confirming continued employment. Probationary periods generally last between three to six months. An employee’s contract will usually provide that, during the probationary period, emplo...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues

Can a letter setting out reasons for dismissal be issued by email?

Posted in: First Tuesday Q&A NI on 04/11/2019 Under Article 124 of the Employment Rights (Northern Ireland) Order 1996, an employee is entitled to request a written statement giving particulars of the reasons for their dismissal if they were in continuous employment for a period of a year or more. An employee is automatically entitled to writt...

Should we be providing employees with a copy of a referral letter to occupational health (“OH”)?

Posted in: First Tuesday Q&A NI on 04/11/2019 A referral to OH may be suggested by an employer who has concerns about an employee’s health and ability to perform their job as a result of their health. An employee may be referred for assessment where there: (a) is concern that they have work-related health problems; (b) may be underlying ...
This article is listed under the following topics:
Sickness and Absence

We have a former employee who has claimed unfair dismissal. Our solicitor is arguing that they have failed to mitigate their loss – what does this mean?

Posted in: First Tuesday Q&A NI on 04/11/2019 Article 76(4) of the Employment Rights (Northern Ireland) Order 1996 places a duty upon a claimant to mitigate their losses following dismissal, for example, by making effort to obtain new employment or by claiming state benefits. An employee cannot recover compensation for any part of their loss(e...
This article is listed under the following topics:
Unfair Dismissal

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