First Tuesday Q&A

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

Is an employer under any obligation to provide a reference for a former employee upon their request?

Posted in: First Tuesday Q&A NI on 03/09/2019 Generally, an employer is under no duty to provide a reference to a former employee. However, an employee’s contract may state that the employer will provide them with a reference upon request. In such circumstances, the employer would have an express obligation to provide the former employee with ...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Recruitment and Selection

Should our company produce a Modern Slavery Statement?

Posted in: First Tuesday Q&A NI on 03/09/2019 The purpose of a Modern Slavery Statement is to set out what steps a company has taken to prevent modern slavery and human trafficking in its business and supply chains. This area of law is governed by section 54 of the Modern Slavery Act 2015 (the “MSA"). Section 54 of the MSA requires a commercia...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures

Can an employer continue disciplinary proceedings and dismiss an employee even after they have resigned?

Posted in: First Tuesday Q&A NI on 03/09/2019 An employee’s notice of resignation is effective immediately after it is given to their employer. From that point on, it cannot be refused by the employer or withdrawn by the employee without the other party’s agreement. Whether or not an employer should continue a disciplinary procedure will depen...
This article is listed under the following topics:
Disciplinary and Grievance Issues

What time period constitutes a break in continuous service?

Posted in: First Tuesday Q&A NI on 06/08/2019 Continuous employment is a statutory concept set out under Article 7 of the Employment Rights (Northern Ireland) Order 1996 used to describe the length of unbroken time that an employee has worked. In general, a period of continuous employment will start when an individual commences employment and ...
This article is listed under the following topics:
Contracts of Employment

Can an employer use an unpaid work trial as part of a recruitment process?

Posted in: First Tuesday Q&A NI on 06/08/2019 Work trials can be a useful tool for employers and can form a legitimate part of a recruitment exercise by enabling employers to observe how a candidate performs in a real work setting before formally choosing to hire the candidate. If the candidate performs to a high standard during the trial peri...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment

Is personal data held on a workplace messenger disclosable under a SAR for an ex-employee?

Posted in: First Tuesday Q&A NI on 06/08/2019 Article 15 of the GDPR, gives data subjects the right to access personal data held about them by a data controller, usually via a subject access request (“SAR”). Messages sent via a workplace messenger which involve the data subject would likely have to be disclosed as part of a subject access requ...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

Is it lawful for an employer only to provide payslips electronically to employees?

Posted in: First Tuesday Q&A NI on 06/08/2019 The law governing payslips is set out under Article 40 of the Employment Rights (Northern Ireland) Order 1996 (“ERO”) which, in short, requires employees to be given a written itemised pay statement. In terms of the provision of electronic payslips, the above legislation raises two questions: Doe...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

When is mandatory overtime payable to employees?

Posted in: First Tuesday Q&A NI on 02/07/2019 There is no entitlement for workers to be paid for working extra hours, regardless if it is mandatory or not, unless there is provision for paid overtime in the workers’ contracts of employment. If a contract contains a provision for the requirement of overtime and the rate it would be paid at, fai...
This article is listed under the following topics:
Pay and Conditions of Employment

Does the “use it or lose it” principle still apply to annual leave?

Posted in: First Tuesday Q&A NI on 02/07/2019 Annual leave is governed by the Working Time Regulations (Northern Ireland) 2016 (“WTR (NI)”). Under these regulations (which implement the Working Time Directive (“WTD”)), an employee in is entitled to a minimum of 5.6 weeks annual leave. The legislation differentiates between the WTD entitlement ...
This article is listed under the following topics:
Working Time and Leave

Can an employee lawfully waive their right to notice?

Posted in: First Tuesday Q&A NI on 02/07/2019 Article 118(3) of the ERO 1996 provides the statutory basis for waiving the right to receive notice (by either party). However, it is prudent for any such waiver to be carefully documented to safeguard the employer against any future disputes as to whether consent was freely given. It is also prude...
This article is listed under the following topics:
Policies and Procedures Pay and Conditions of Employment