First Tuesday Q&A

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

Are Employers Required to Approve Requests for Flexible Working?

Posted in: First Tuesday Q&A NI on 06/02/2024 The aftermath of the Covid-19 pandemic has driven an exponential increase in working from home and hybrid working opportunities. Flexible working can have inclusion and well-being advantages for employees and can be useful to employers when attracting and retaining talent. However, do employers alw...
This article is listed under the following topics:
Policies and Procedures

Are Employers Legally Obligated to Enrol their Employees into a Workplace Pension Scheme?

Posted in: First Tuesday Q&A NI on 06/02/2024 There is speculation that the UK is risking a “retirement timebomb” if more people opt out of their pensions or lower their contributions to help offset the impact of the cost of living crisis in the UK. Almost half of large businesses have reported that some employees are opting out of a workplace...
This article is listed under the following topics:
Pensions

Employee Travel Disruption Rights - What Can I do as an Employer?

Posted in: First Tuesday Q&A NI on 15/12/2023 In light of last month’s flooding across Northern Ireland, and the fact that December often brings more extreme weather conditions, it is important to consider what may happen when weather conditions make it difficult for employees to travel to work. Employees: must go to work unless they’re sick ...
This article is listed under the following topics:
Policies and Procedures

What Should be Included in my Workplace’s Absence and Sickness Policy?

Posted in: First Tuesday Q&A NI on 15/12/2023 With winter’s arrival, the days are now getting shorter, darker and colder, and like every year illnesses are spreading rapidly in these conditions. As such, it is important for workplaces to have effective absence and sickness policies, so as not to worsen the spread of the various respiratory ill...
This article is listed under the following topics:
Policies and Procedures Leave

What are the Differences for Employers to be Aware of Regarding TUPE Transfers in NI and the Rest of the United Kingdom?

Posted in: First Tuesday Q&A NI on 07/11/2023 Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (generally referred to as “TUPE”), the legal protections for employees being transferred between companies in NI are largely...
This article is listed under the following topics:
Transfer Regulations (TUPE) Transfer of Undertaking (TUPE)

How Should an Employer Deal with an Employee’s Formal Grievance Complaint?

Posted in: First Tuesday Q&A NI on 07/11/2023 If an employee has a concern or problem that they haven’t been able to resolve with their employer informally, they may make a formal grievance complaint to them. Employers should set out a grievance procedure and share it in writing with all employees, for example in their statement of employment ...
This article is listed under the following topics:
Discipline and Grievance

How far Back can an NI Employee Claim for Underpayments of Holiday Pay?

Posted in: First Tuesday Q&A NI on 07/11/2023 On 4 October 2023, the UK Supreme Court (the “UKSC”) delivered its much-anticipated judgment in the case of the Chief Constable of the Police Service of Northern Ireland and another (PSNI / respondents) v Agnew and Others (claimants) [2023] UKSC 33, finding that employees can claim for any underpay...
This article is listed under the following topics:
Pay Leave

What are the Vento Guidelines?

Posted in: First Tuesday Q&A NI on 03/10/2023 In discrimination claims, the primary remedy that is compensatory in nature is compensation for injury to feelings. It is a claim for compensation for the upset, distress or anxiety that a claimant has suffered as a result of discrimination. The amount of compensation that is awarded for injury to ...
This article is listed under the following topics:
Discrimination and Equality

Is There a Proper Procedure for Dismissing an Employee?

Posted in: First Tuesday Q&A NI on 03/10/2023 Under Schedule 1 of the Employment Rights (Northern Ireland) Order 1996 there is a statutory dismissal procedure that employers should abide by whenever seeking to dismiss an employee. The procedure is as follows: The employer must set out in writing an explanation as to why they have decided to t...
This article is listed under the following topics:
Dismissal

Is There any Guidance on Travelling into Work in Adverse Weather Conditions?

Posted in: First Tuesday Q&A NI on 03/10/2023 With the arrival of Storm Agnes last week causing flooding and difficult driving conditions, it is important for employers to keep in mind that there can be instances where commuting to the office can cause travel problems or even be a risk to the safety of their employees. In the first instance, e...
This article is listed under the following topics:
Health and Safety Contracts of Employment