Location: Northern Ireland
Rep.of Ireland
Location: Northern Ireland
Rep.of Ireland

First Tuesday Q&A

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

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Where an agency worker and a direct recruit are paid the same but the agency worker works longer hours, is there a breach of the Agency Workers Regulations (NI) 2011?

Posted in: First Tuesday Q&A NI on 07/12/2021 The purpose of the Agency Workers Regulations (Northern Ireland) 2011 is to ensure equal treatment of agency workers and permanent workers. The Court of Appeal, in Kocur v Angard Staffing Ltd and another [2019], determined that the Agency Workers Regulation 2010 (the English equivalent to the Agenc...
This article is listed under the following topics:
Contracts of Employment Pay

Where an individual is recruited under the government-funded JobStart Scheme, do they acquire the status of an employee and would the statutory rights and obligations of employees apply?

Posted in: First Tuesday Q&A NI on 07/12/2021 Employers can apply under the JobStart Scheme for funding to cover the following employment costs: 100% of the National Minimum Wage (or the National Living Wage depending on the age of the participant) for 25 hours per week for a total of 6 months (or 9 months for a young person who meets additio...
This article is listed under the following topics:
Contracts of Employment Recruitment and Selection Pay

Where an employee who has been made redundent is invited to apply for another role with an employer, are they entitled to claim statutory redundency payment if the decide not to apply?

Posted in: First Tuesday Q&A NI on 07/12/2021 Employees with at least two years’ continuous employment are entitled to a redundancy payment when they are dismissed by reason of redundancy. It is a question of fact whether an employee has firstly been dismissed and secondly whether it is by reason of redundancy. For example, an employee is not ...
This article is listed under the following topics:
Redundancy Pay Employee Engagement

Can an employer fine an employee for misconduct?

Posted in: First Tuesday Q&A NI on 07/12/2021 There are a number of potential hurdles that could face an employer trying to enforce a contractual clause that allows them to fine employees and deduct those fines from wages. The first is that the clause may be considered a penalty clause. The general rule against penalty clauses means that such ...
This article is listed under the following topics:
Contracts of Employment Pay

If an Employee’s Role Within the Same Company Changes From Part-Time to Full-Time Does This Affect the Continuity of Employment?

Posted in: First Tuesday Q&A NI on 02/11/2021 The Employment Rights (Northern Ireland) Order 1996 has a set way of calculating continuity which overrides any agreement between the employer and employee. It depends on when the continuous period starts; when the continuous period ends; whether anything happens to break continuity between the sta...
This article is listed under the following topics:
Contracts of Employment Working Time

Are Agency Workers Protected From Suffering Detriment in Employment Under The Employment Rights (Northern Ireland) Order 1996?

Posted in: First Tuesday Q&A NI on 02/11/2021 Part VI of the Employment Rights (Northern Ireland) Order 1996 provides that for certain types of detriment claim an individual must have 'employee' status to be protected, and for other types, 'worker' status will suffice. Employee status is defined as an individual who has entered into or works u...
This article is listed under the following topics:
Contracts of Employment Pay

Where an Employee Resigns Before Disciplinary Proceedings Have Finished, Are They Entitled to Receive a Copy of the Outcome?

Posted in: First Tuesday Q&A NI on 02/11/2021 The LRA Code of Practice should be the starting point for employers when dealing with disciplinary and grievance situations. The Code itself is silent as to whether it applies after termination of employment. An employer’s failure to follow the Code does not, in itself, result in liability. However...
This article is listed under the following topics:
Discipline Policies and Procedures

Where an Employee Has Left Employment but is Then Found to Have Acted Fraudulently, Can The Employer Bring a Claim For Breach of Contract?

Posted in: First Tuesday Q&A NI on 02/11/2021 Within an employer’s disciplinary rules or disciplinary procedure there will usually be a list, or examples, of what constitutes gross misconduct. This list will usually include fraud. Therefore, fraud on the part of an employee is likely to amount to a fundamental breach of contract that, if the e...
This article is listed under the following topics:
Discrimination Contracts of Employment Tribunal Practice Procedures and Jurisdictional Issues

If employees have been working remotely during the pandemic, can they argue that, through custom and practice, they are entitled to work from home on a permanent basis?

Posted in: First Tuesday Q&A NI on 05/10/2021 Any contract may be amended at any time either in accordance with the terms of the contract itself or with the agreement of all the parties to the contract. Case law concerning employment contracts has demonstrated the court's willingness to protect employees from employers who may seek to abuse th...
This article is listed under the following topics:
Contracts of Employment Coronavirus/Covid-19 Remote and Hybrid Working

Is a non-executive director eligible for statutory sick pay?

Posted in: First Tuesday Q&A NI on 05/10/2021 There are certain criteria that must be satisfied in order to be eligible for statutory sick pay (SSP). However, when it comes to non-executive directors, the requirement for the individual to be an 'employee' is likely to be the most immediately relevant. A person appointed as a director of a comp...
This article is listed under the following topics:
Absence and Sickness Pay