First Tuesday Q&A

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

Can annual leave be taken during furlough?

Posted in: First Tuesday Q&A NI on 05/05/2020 The Coronavirus Job Retention Scheme (“CJRS”) guidance, as updated on 17 April 2020, confirms that workers can take annual leave during furlough. However, annual leave taken during furlough leave should be paid at the worker’s “normal” rate of remuneration i.e. not the reduced 80% rate under the CJ...
This article is listed under the following topics:
Working Time and Leave Coronavirus/Covid-19

Can we keep in contact with employees who are furloughed?

Posted in: First Tuesday Q&A NI on 05/05/2020 The employer guidance on the Coronavirus Job Retention Scheme (“CJRS”) states that an employee must not carry out any work for their employer while they are on furlough leave. The guidance stipulates that an employee must not make money for or provide services to the employer’s organisation (or any...
This article is listed under the following topics:
Coronavirus/Covid-19

What Elements of Remuneration Can Be Claimed Through The Job Retention Scheme (“JRS”)?

Posted in: First Tuesday Q&A NI on 07/04/2020 On 4 April 2020, the government provided more information on the specific elements of remuneration that can be claimed when calculating the wages of those who are being furloughed. The guidance confirms that employers can claim for any regular payments that they are obliged to pay their employees, ...
This article is listed under the following topics:
Pay and Conditions of Employment Coronavirus/Covid-19

How Can We Help Staff Adhere To Data Protection Principles When Working From Home?

Posted in: First Tuesday Q&A NI on 07/04/2020 The European Data Protection Board and ICO have acknowledged that we are in an unprecedented and difficult situation meaning that normal working practices had to be modified very quickly. Despite this, organisations should ensure that security measures are in place for home-working, similar to thos...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Coronavirus/Covid-19

Can We Share an Employee’s Health Information with The Public Health Agency?

Posted in: First Tuesday Q&A NI on 07/04/2020 Organisations are not prevented from sharing employees’ health information with authorities, such as the Public Health Agency, for public health purposes. This is in accordance with the lawful basis for processing under Article 9(2)(i) of the GDPR whereby processing special category data (e.g. heal...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Coronavirus/Covid-19

When Are Employees Entitled To SSP?

Posted in: First Tuesday Q&A NI on 07/04/2020 The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations (Northern Ireland) 2020 which came into force on 28 March 2020 provide that an employee is only entitled to SSP if: they have a symptom of Covid-19; or someone in their household has a symptom of Co...
This article is listed under the following topics:
Sickness and Absence Coronavirus/Covid-19

Can We Ask an Employee Who Has a Family Member Who Has Been Diagnosed With, or Is Suspected to Have, Covid-19 Not to Come in to Work?

Posted in: First Tuesday Q&A NI on 03/03/2020 If the employee has been in close contact with the family member, for example, lives with them, it would be a reasonable request for an employer to ask the employee to self-isolate. However, it is likely in such a scenario, the employee would wish to self-isolate anyway. In contrast, if an employer...
This article is listed under the following topics:
Health and Safety Pay and Conditions of Employment Coronavirus/Covid-19

Do Employers Have to Pay Employees Who are Self-Isolating After Returning From an Affected Area?

Posted in: First Tuesday Q&A NI on 03/03/2020 Firstly, if employees are self-isolating as a precautionary measure, depending on the nature of their role, they may be able to continue working from home. In such instances, employees would continue to be paid because they are still fulfilling their duties to their employer. If employees who are ...
This article is listed under the following topics:
Health and Safety Pay and Conditions of Employment Coronavirus/Covid-19

Can Employers Make Employees Stay at Home Who Have Just Returned From an Affected Area?

Posted in: First Tuesday Q&A NI on 03/03/2020 Employers have a duty to ensure the health and safety of their workforce. Therefore, it is understandable that employers are concerned about employees returning to the workplace after they have visited an affected area. If employers knowingly permit employees who have been advised to self-isolate t...
This article is listed under the following topics:
Health and Safety Pay and Conditions of Employment Coronavirus/Covid-19

What Can We Do About Employees Who Are Afraid to Come to Work Because of Coronavirus?

Posted in: First Tuesday Q&A NI on 03/03/2020 The Corona Virus/Covid-19 pandemic is beginning to cause increased worry for employers, particularly as the first case has been diagnosed in Northern Ireland. It is envisaged that employers will see a rise in other employees wanting to work from home for fear of coming into contact with the virus, ...
This article is listed under the following topics:
Health and Safety Pay and Conditions of Employment Coronavirus/Covid-19