First Tuesday Q&A

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

First Tuesday Q and A: Probationary Periods and Disciplinary Action

Posted in: First Tuesday Q&A NI on 06/06/2022 1)Can an employee get a disciplinary sanction during their probationary as well as a probationary extension? Where an employee is failing to meet the employer's expectations, guidance should be given on the standards of performance and/or behaviour the employee needs to achieve. Where considered ne...
This article is listed under the following topics:
Dismissal Discipline and Grievance Policies and Procedures Probation

What is 'safe leave’ and what does this mean for employees who have experienced domestic abuse?

Posted in: First Tuesday Q&A NI on 03/05/2022 Northern Ireland has become the first jurisdiction in the United Kingdom to provide support to victims of domestic abuse at work. Legislation has been introduced and is awaiting Royal Assent to provide employees who are victims of domestic abuse with the right of up to ten days of paid leave a year...
This article is listed under the following topics:
Policies and Procedures Leave

National minimum wage increased on 1 April 2022, what can happen if employees' wages are not increased?

Posted in: First Tuesday Q&A NI on 03/05/2022 All workers are entitled to the UK national minimum wage and an itemised pay statement. This requirement is typically satisfied through employers providing payslips. The payslip should include the gross and net pay being received by the employee. Employers also have a duty to keep a record of these...
This article is listed under the following topics:
Pay

If an employee requests voluntary redundancy is their employer still bound by dismissal procedures?

Posted in: First Tuesday Q&A NI on 03/05/2022 Even if an employee has requested redundancy they are still technically 'dismissed' and entitled to their employment rights. The voluntary nature of the redundancy should not be mistaken for the employee resigning. An employer should ensure that the correct process for redundancy is followed regard...
This article is listed under the following topics:
Dismissal Redundancy

If an employee sends work-related documents to their solicitor, would this breach their confidentiality obligations?

Posted in: First Tuesday Q&A NI on 03/05/2022 If an employee sends work-related documents to their solicitor, would this breach their workplace confidentiality obligations? This will heavily depend on what the employee’s confidentiality obligations are and what is stipulated in their contract. It may also depend on the content of the work-rela...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures

What are the relevant updates regarding right to work checks?

Posted in: First Tuesday Q&A NI on 05/04/2022 There are new right to work checks set to be introduced on the 6 April 2022, which will permit employers to used certified providers to undertake digital identity checks. The current adjusted right to work checks process was due to end on 5 April 2022. However, on 22 February 2022 the Home Office e...
This article is listed under the following topics:
Recruitment and Selection Immigration

What does the term “fire and rehire” mean?

Posted in: First Tuesday Q&A NI on 05/04/2022 The term “fire and rehire” is usually used to describe the practice where an employee’s contract of employment is terminated before that same employee is immediately re-employed by the same employer on new terms and conditions of employment. There has been calls for introducing new legislative prot...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures

Why might an employer face criminal prosecution if a collective redundancy process is not followed correctly?

Posted in: First Tuesday Q&A NI on 05/04/2022 There has been considerable media attention on P&O Ferries after it made 800 staff redundant with immediate effect, resulting in accusations that the correct redundancy process had not been followed and also accusations that P&O should face criminal proceedings. The staff of P&O Ferries...
This article is listed under the following topics:
Redundancy Collective and Trade Union Issues

What notice should employees give in order to take parental bereavement leave?

Posted in: First Tuesday Q&A NI on 01/03/2022 The rules regarding notification will be set out in the forthcoming regulations. However, by way of indication, we expect that that new rules will largely correspond with those applicable in Great Britain. In order to take parental bereavement leave in Great Britain, employees must give the employe...
This article is listed under the following topics:
Absence and Sickness Policies and Procedures Pay Leave Family Friendly Rights

Parental Bereavement Leave - What protections rights does an employee have?

Posted in: First Tuesday Q&A NI on 01/03/2022 Parents taking parental bereavement leave will be entitled to the same employment protections as those associated with other forms of family related leave i.e. maternity, paternity, adoption, parental and shared parental leave. This will include protection from detriment and dismissal as a result o...
This article is listed under the following topics:
Absence and Sickness Leave Family Friendly Rights