First Tuesday Q&A

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

What ‘reasonable adjustments’ can I make for a disabled employee?

Posted in: First Tuesday Q&A NI on 04/06/2024 Where an employee is disabled, the employer has a duty to take certain steps to remove any potential barriers faced by that employee due to their disability, so that the employee may carry out their job in the same way as their colleagues who do not have disabilities. Such steps are known as ‘reaso...
This article is listed under the following topics:
Discrimination

Can I extend an employee’s probation period due to extended sick leave?

Posted in: First Tuesday Q&A NI on 04/06/2024 In general, employers are legally entitled to extend an employee's probation period, provided they have reasonable grounds to do so and follow proper procedures as set out in the employment contract and company policy. However, when an employee is absent due to long term sick leave, employers shoul...
This article is listed under the following topics:
Absence and Sickness Probation

Is an employee entitled to a performance-related bonus when they are on long-term sick leave?

Posted in: First Tuesday Q&A NI on 04/06/2024 When an employee is absent on long-term sick leave, their entitlement to benefits (including bonuses) will be governed by their contract of employment, alongside their employer’s statutory sick pay scheme and internal policies. Generally speaking, performance-related bonuses are enshrined in an emp...
This article is listed under the following topics:
Absence and Sickness Pay

Can you Conduct a Disciplinary Hearing While an Employee is off on Long-term Sick Leave?

Posted in: First Tuesday Q&A NI on 09/05/2024 As an employer, it is in your best interests to conduct all disciplinary procedures in a manner which promotes fairness in order to mitigate any potential legal claims being brought against you . As such, it is preferable that the employee attends any disciplinary hearings so that they may best sta...
This article is listed under the following topics:
Absence and Sickness Discipline

What Documents/Information Must an Employer Share With Their Employee During a Disciplinary Investigation?

Posted in: First Tuesday Q&A NI on 09/05/2024 Whilst specific information requirements may be outlined in the employment contract or internal policies, adherence to the statutory minimum statutory disciplinary procedures is mandatory for all employers in Northern Ireland. After completing the initial investigation and gathering evidence to aid...
This article is listed under the following topics:
Discipline Policies and Procedures

Can an Employee go off Sick While Suspended from Work?

Posted in: First Tuesday Q&A NI on 09/05/2024 Facing suspension from work can be an incredibly stressful and uncertain time for employees, particularly when they are subject to an ongoing investigation into alleged misconduct. Therefore, it is not uncommon for the employee to take sick leave during a period of suspension. This can create a dif...
This article is listed under the following topics:
Absence and Sickness

How Do We Regulate Social Media in the Workplace?

Posted in: First Tuesday Q&A NI on 09/04/2024 Social media networks have essentially revolutionised the way many businesses operate, both internally and externally. As a result, the transition from hosting workplace conversations in person to hosting them in an online environment may cause a blurring of the divisions between work and home. For...
This article is listed under the following topics:
Discipline Policies and Procedures

Are Employees Automatically Entitled to Public /Bank Holidays?

Posted in: First Tuesday Q&A NI on 09/04/2024 In accordance with the Working Time Regulations (Northern Ireland) 2016, full-time employees in Northern Ireland are entitled to a minimum of 28 days of paid leave every year which may or may not include public / bank holidays. Any right for an employee to take paid leave on bank or public holidays...
This article is listed under the following topics:
Annual Leave and Holiday Pay

Can you Summarise the Significance of the Decision in Chief Constable of the Police Service of Northern Ireland v Agnew [2023]?

Posted in: First Tuesday Q&A NI on 09/04/2024 In October 2023, the UK Supreme Court delivered its eagerly-awaited decision in the case of Chief Constable of the Police Service of Northern Ireland v Agnew [2023]. The UK Supreme Court unanimously upheld the decision of the NI Court of Appeal (and that of the NI Industrial Tribunal in the first i...
This article is listed under the following topics:
Working Time Annual Leave and Holiday Pay

Are Employers Legally Obligated to Pay Employees for Overtime Hours?

Posted in: First Tuesday Q&A NI on 11/03/2024 It is a common misconception that employees have a right to be paid for overtime work. Legally, in Northern Ireland, employers are not legally obligated to pay employee for overtime hours. Overtime refers to any extra hours worked outside of an employee's contracted hours which can often happen whe...
This article is listed under the following topics:
Pay