First Tuesday Q&A

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

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 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:
Absence and Sickness Working Time Pay 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 Leave

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

Does a business have to show a downturn in work to avail of the extended CJRS?

Posted in: First Tuesday Q&A NI on 02/02/2021 The Treasury Direction for the extended CJRS states that the scheme applies to employees "whose employment activities have been adversely affected by the coronavirus and coronavirus disease or the measures taken to prevent or limit its further transmission”. The employer guidance also states that e...
This article is listed under the following topics:
Coronavirus/Covid-19

Which employees are eligible for the extended CJRS?

Posted in: First Tuesday Q&A NI on 02/02/2021 The CJRS has been extended until the end of April 2021 (“extended CJRS”) and employers can avail of the scheme on a flexible basis. Employees will be eligible for the extended CJRS provided that their employer has made a PAYE RTI submission to HMRC between 20 March 2020 and 30 October 2020 notifyin...
This article is listed under the following topics:
Coronavirus/Covid-19

Can we continue with a disciplinary process if the employee leaves before the process has concluded?

Posted in: First Tuesday Q&A NI on 01/12/2020 You can continue with the disciplinary process after an employee has left the business. However it is worth considering whether this would have any benefit given that employment relationship has ended and the employee is under no obligation to cooperate with the process. Furthermore, even if the di...
This article is listed under the following topics:
Discipline and Grievance

Does a week of annual leave count as a week on lay-off?

Posted in: First Tuesday Q&A NI on 01/12/2020 If an employee has been on lay-off for four or more consecutive weeks or for six weeks in any 13 week period, they are entitled to claim for a statutory redundancy payment. ‘Lay-off’ is narrowly defined under article 182(1) of the Employment Rights (Northern Ireland) Order 1996 and means a situatio...
This article is listed under the following topics:
Redundancy

Can we insist employees take unused annual leave or should they be allowed to carry it forward due to COVID-19?

Posted in: First Tuesday Q&A NI on 01/12/2020 Regulation 18 of the Working Time Regulations (Northern Ireland) 2016 enables employers to require employees to take annual leave on particular days provided that they give employees twice as much notice as the leave they are being required to take. Therefore, employers can ask employees to use unt...
This article is listed under the following topics:
Working Time Coronavirus/Covid-19

Do we have to permit a request to cancel pre-booked annual leave due to lockdown?

Posted in: First Tuesday Q&A NI on 01/12/2020 Employees do not have a statutory right under the Employment Rights (Northern Ireland) Order 2016 or other employment legislation to cancel annual leave requests. Cancellation requests are usually dealt with at an employer's discretion (in the absence of any contractual provision). Whilst employers...
This article is listed under the following topics:
Working Time Coronavirus/Covid-19