First Tuesday Q&A

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

Are Employees Automatically Entitled to Bank and Public Holidays?

Posted in: First Tuesday Q&A NI on 06/09/2023 In Northern Ireland, there are ten bank and public holidays and employees are not automatically entitled bank and public holidays. There is no statutory right for employees to have these days off. In fact, employers may choose to allow employees to take paid leave on bank and public holidays. Emplo...
This article is listed under the following topics:
Leave

What are the Potentially Fair Reasons for Dismissing an Employee?

Posted in: First Tuesday Q&A NI on 06/09/2023 Within the workplace, dismissals can be unavoidable – however, the key thing for employers to remember is to ensure any dismissal carried out is for a fair reason. According to Article 130 of the Employment Rights (Northern Ireland) Order 1996, there are five potentially fair reasons for dismissal....
This article is listed under the following topics:
Dismissal Redundancy Discipline and Grievance

How Can Employers Ensure Their Workplace is GDPR Compliant?

Posted in: First Tuesday Q&A NI on 06/09/2023 The recent PSNI data breach should serve as a reminder to employers about the importance of adhering to the General Data Protection Regulations (GDPR). The PSNI have attributed this data breach to human error. This, along with malicious cyber-attacks, are the two most common causes of data breaches...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

What is the Legal Position on Maximum Office Temperatures?

Posted in: First Tuesday Q&A NI on 07/08/2023 With record-breaking heatwaves across Europe, in the event the rising temperatures reach closer to home in the last weeks of summer, it is important for employers to be mindful of what the law states in relation to the office temperatures. The Workplace (Health, Safety and Welfare) Regulations (Nor...
This article is listed under the following topics:
Policies and Procedures Wellbeing

What Remedies are Available to a Claimant Pursuing a Tribunal Claim of Unfair Dismissal?

Posted in: First Tuesday Q&A NI on 07/08/2023 When a claimant is completing their ET1 form, they are required to set out the remedy that is being sought in the event that the claimant is successful before the tribunal. There are three remedies available to the claimant under Article 146 Employment Rights (Northern Ireland) Order 1996 which are...
This article is listed under the following topics:
Dismissal

Can an Employer Waive the Eight Weeks’ Notice Requirement to Return to Work Early from Maternity Leave?

Posted in: First Tuesday Q&A NI on 07/08/2023 An employee who is seeking to return to work before the end of her additional maternity leave (AML) must give the employer at least eight weeks’ notice of her intention to return early. However, it is for the employer to decide whether it wishes to enforce the eight-week notice requirement if the e...
This article is listed under the following topics:
Policies and Procedures Family Friendly Rights

How much Leave are Employees Entitled to Annually?

Posted in: First Tuesday Q&A NI on 04/07/2023 With the summer holidays beginning, employers can expect the next few months to be filled with annual leave requests from their employees. It is therefore important for employers to refresh their understanding regarding the annual leave entitlements afforded to their employees. The Working Time Reg...
This article is listed under the following topics:
Leave

What Types of Break Between Contracts would not Constitute a Break in Continuous Employment?

Posted in: First Tuesday Q&A NI on 04/07/2023 An individual’s continuous employment is calculated in months and years, starting with the date he or she begins working with the employer. It is important to establish an employee’s minimum period of continuous employment with an employer as it enables them to be eligible for certain rights and pa...
This article is listed under the following topics:
Dismissal Contracts of Employment

What are the Prerequisites for a Claim of Unfair Dismissal?

Posted in: First Tuesday Q&A NI on 04/07/2023 Under Article 126(1) of the Employment Rights (Northern Ireland) Order 1996, ‘an employee has the right not to be unfairly dismissed by his employer’. Whilst this appears straightforward, there are prerequisites that an employee, as a claimant, must satisfy before beginning proceedings against thei...
This article is listed under the following topics:
Dismissal

What Control can an Employer Exercise over an Employee’s Social Media Accounts?

Posted in: First Tuesday Q&A NI on 06/06/2023 More and more businesses have been utilising social media as a tool for building brand awareness and client interaction whether it be on LinkedIn, Instagram or TikTok. However, whilst an asset, social media can present employers with challenges particularly in relation to their employee’s use of it...
This article is listed under the following topics:
Discipline and Grievance Policies and Procedures