First Tuesday Q&A

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

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

Due to cancelled MOTs my company vehicles cannot go on the road and I have no alternative work for my employees, what can I do?

Posted in: First Tuesday Q&A NI on 04/02/2020 This impact of this problem should now be significantly reduced due to the issuance of exemption certificates for vehicles over four years old. Even if your company vehicles are four years old and therefore fall in to the unfortunate gap, they will be prioritised when re-booking MOTs, so you should...
This article is listed under the following topics:
Contracts of Employment

My employee says they cannot get to work and cannot drive their car as it is due a MOT and it has been cancelled – do I have to pay them?

Posted in: First Tuesday Q&A NI on 04/02/2020 There will be no one size fits all answer to this query, and it will likely be determined based on the particular circumstances that the employee is in. In the first instance you should consult any applicable policy for guidance, such as an absence policy, and also check how the company has dealt ...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

Can I dismiss an employee who refuses to drive a vehicle which has not got a valid MOT certificate?

Posted in: First Tuesday Q&A NI on 04/02/2020 The standard position is that driving a vehicle without a valid MOT certificate is prohibited under article 61 of the Road Traffic (Northern Ireland) Order 1995. However, with the current debacle surrounding cancelled MOT tests in Northern Ireland, the Department for Infrastructure has introduced a...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues

If a part-time employee changes their days of work but remains on part-time hours, does this change their holiday entitlement?

Posted in: First Tuesday Q&A NI on 07/01/2020 An employee who works part-time is still entitled to 5.6 weeks’ annual leave, the same as the entitlement for a full time employee. Unfortunately “week’s leave” is not defined in the Working Time Regulations (Northern Ireland) 2016. Nevertheless, the established position is that a week's leave mean...
This article is listed under the following topics:
Working Time and Leave

Can employers treat an employee’s unauthorised absence as their resignation?

Posted in: First Tuesday Q&A NI on 07/01/2020 In normal circumstances, notice is usually required to terminate a contract of employment. Notice should be given in a clear manner and once validly given it is effective and does not need to be accepted by the other party. If an employee has taken unauthorised absence i.e. gone AWOL, it would be ...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues

What can an employer do about an employee who covertly recorded a grievance meeting without permission?

Posted in: First Tuesday Q&A NI on 07/01/2020 Employees do not have a right to record grievance hearings and even if they ask permission an employer may refuse to permit a meeting to be recorded. However, it is within the interests of both parties to have a record of matters discussed during a grievance hearing for future reference. The prefer...
This article is listed under the following topics:
Disciplinary and Grievance Issues