First Tuesday Q&A

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

An employee has recently resigned in advance of a disciplinary hearing - can we continue with disciplinary proceedings?

Posted in: First Tuesday Q&A NI on 13/04/2021 Fundamentally, if the employment relationship has ended, you cannot compel a former employee to attend any disciplinary hearing. You could of course choose to continue with disciplinary proceedings, but there may be little practical benefit of doing so. A potential situation where the employer may ...

An employee is refusing to return to the workplace due to COVID-19 concerns - what do we need to consider?

Posted in: First Tuesday Q&A NI on 13/04/2021 There are a number of issues you will want to consider when deciding how to deal with this situation, including: what level of national or local restriction applies; the nature of the workplace, and whether any restrictions on opening apply; the nature of the employee’s work, including whether the...
This article is listed under the following topics:
Health and Safety Coronavirus/Covid-19

Does the right to be accompanied apply at a meeting to discuss an occupational health report?

Posted in: First Tuesday Q&A NI on 13/04/2021 An employee has a statutory right to be accompanied (by a trade union representative or a fellow worker) at a "disciplinary meeting" which is defined as a meeting that could result in a formal warning being issued to a worker by the employer; the taking of some other action in respect of a worker b...
This article is listed under the following topics:
Sickness and Absence

How much detail of allegations are we required to give an employee in advance of an investigative meeting?

Posted in: First Tuesday Q&A NI on 13/04/2021 It should be noted at the outset that investigatory meetings are not disciplinary hearings and employers generally have more discretion in terms of the detail that is provided to employees in advance of an investigatory meeting. In general terms, an investigatory meeting is essentially a fact-findi...
This article is listed under the following topics:
Disciplinary and Grievance Issues

What Are The Potential Discrimination Risks Associated With Requiring Employees To Have The COVID-19 Vaccine?

Posted in: First Tuesday Q&A NI on 02/03/2021 Mandatory vaccination is a topic that has gathered significant attention over the past weeks and months. However, employers should be aware that there is a risk of exposing themselves to discrimination claims if they seek to compel employees to have the vaccine. Employers should familiarise themsel...
This article is listed under the following topics:
Discrimination and Equality Coronavirus/Covid-19

Can An Employer Commence Disciplinary Proceedings Against Employees Who Refuse To Have A COVID-19 Vaccine?

Posted in: First Tuesday Q&A NI on 02/03/2021 Employer could try and argue that requesting employees to have the COVID-19 vaccine amounts to a reasonable management instruction on the basis that it is intended to protect health and safety, and that a failure to comply is misconduct. However, given the nature of the request along with the fact ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Discrimination and Equality Coronavirus/Covid-19

Is An Employee Who Is Off On Maternity Leave Permitted To Carry Over Her Accrued But Untaken Annual Leave?

Posted in: First Tuesday Q&A NI on 02/03/2021 An employee who is on maternity leave and therefore cannot use annual leave must be permitted to take her full holiday entitlement outside her maternity leave period. This was confirmed by the European Court of Justice in Merino Gomez v Continental Industrias del Caucho SA (C342/01) [2005] ICR 1040...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave

Can We Ask An Employee On Long-Term Sick Leave To Use Annual Leave?

Posted in: First Tuesday Q&A NI on 02/03/2021 Generally, employers can give notice to employees specifying dates on which their statutory holiday must be taken, in accordance with regulation 18(2) of the Working Time Regulations (Northern Ireland) 2016. This is provided that the employee is given twice the amount of notice of the length leave ...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave

Can employers make employees use annual leave during periods of furlough?

Posted in: First Tuesday Q&A NI on 02/02/2021 Yes, employers can require employees to use annual leave during periods of furlough. However, employees need to be given twice as much notice as the length of the holiday they are required to take (e.g. ten days’ notice for five days’ holiday) unless the employment contract says otherwise. The gove...
This article is listed under the following topics:
Coronavirus/Covid-19

Can employees serving their notice period be claimed for through the CJRS

Posted in: First Tuesday Q&A NI on 02/02/2021 This depends on the claim period. For claim periods relating to November 2020, employers can claim for a furloughed employee who is serving a notice period. However, for claim periods starting on or after 1 December 2020, employers cannot claim for any days on or after 1 December 2020 during which...
This article is listed under the following topics:
Coronavirus/Covid-19