First Tuesday Q&A

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

Can I extend an employee’s probation period due to extended sick leave?

Posted in: First Tuesday Q&A NI on 04/06/2024 In general, employers are legally entitled to extend an employee's probation period, provided they have reasonable grounds to do so and follow proper procedures as set out in the employment contract and company policy. However, when an employee is absent due to long term sick leave, employers shoul...
This article is listed under the following topics:
Absence and Sickness Probation

Is an employee entitled to a performance-related bonus when they are on long-term sick leave?

Posted in: First Tuesday Q&A NI on 04/06/2024 When an employee is absent on long-term sick leave, their entitlement to benefits (including bonuses) will be governed by their contract of employment, alongside their employer’s statutory sick pay scheme and internal policies. Generally speaking, performance-related bonuses are enshrined in an emp...
This article is listed under the following topics:
Absence and Sickness Pay

Can you Conduct a Disciplinary Hearing While an Employee is off on Long-term Sick Leave?

Posted in: First Tuesday Q&A NI on 09/05/2024 As an employer, it is in your best interests to conduct all disciplinary procedures in a manner which promotes fairness in order to mitigate any potential legal claims being brought against you . As such, it is preferable that the employee attends any disciplinary hearings so that they may best sta...
This article is listed under the following topics:
Absence and Sickness Discipline

Can an Employee go off Sick While Suspended from Work?

Posted in: First Tuesday Q&A NI on 09/05/2024 Facing suspension from work can be an incredibly stressful and uncertain time for employees, particularly when they are subject to an ongoing investigation into alleged misconduct. Therefore, it is not uncommon for the employee to take sick leave during a period of suspension. This can create a dif...
This article is listed under the following topics:
Absence and Sickness

Can an Employer Refuse to pay Statutory Sick Pay if the Employee has not Complied with the Notification Requirements?

Posted in: First Tuesday Q&A NI on 06/06/2023 If an employee is unwell and unable to work, provided that they meet certain qualifying conditions, they are entitled to receive Statutory Sick Pay (‘SSP’). If these qualifying conditions are not met, or if an employer has good reason to believe that an employee is abusing the sickness procedure, t...
This article is listed under the following topics:
Absence and Sickness Pay

What are an Employee’s Rights when they Suffer the Death of a Child?

Posted in: First Tuesday Q&A NI on 10/03/2023 An employee is entitled to take time off work if they have a stillbirth after 24 weeks of pregnancy or if their child dies before turning 18. Under the Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022, an employee is entitled to two weeks’ parental bereavement leave regardless of th...
This article is listed under the following topics:
Absence and Sickness Annual Leave and Holiday Pay Family Friendly Rights Wellbeing

What are the Rights for an Employee who is Suffering Domestic Abuse?

Posted in: First Tuesday Q&A NI on 10/03/2023 In August 2022, the Labour Relations Agency published a ‘Safe at Home, Safe at Work’ guide which focused on how employers can support and assist employees that are suffering from domestic abuse and violence. There has been a pressing need to focus on this issue since the COVID-19 pandemic and parti...
This article is listed under the following topics:
Absence and Sickness Contracts of Employment Policies and Procedures Wellbeing

What Are an Employer’s Obligations to Employees Undergoing IVF Treatment?

Posted in: First Tuesday Q&A NI on 06/09/2022 Currently, there is no legal right for time off work for fertility treatment, but any sickness should be treated like any other sickness if unable to work. There are pregnancy rights once you have had the last part of the IVF process (embryo transfer) and might become pregnant. At the moment the UK...
This article is listed under the following topics:
Absence and Sickness Family Friendly Rights

Cosmetic Surgery v Medical Surgery – What Are An Employee’s Rights?

Posted in: First Tuesday Q&A NI on 06/09/2022 There is no requirement to refer to cosmetic surgery within a company's sickness policy or staff handbook, so it is for the employer to decide whether to include it at its own discretion. However, there are benefits for employers providing clarity on how they will deal with time off for cosmetic su...
This article is listed under the following topics:
Absence and Sickness Policies and Procedures

Who Has Right To Request Occupational Health Meeting - Employee Or Employer?

Posted in: First Tuesday Q&A NI on 06/09/2022 The requirement to attend an occupational health meeting will depend on what an employee’s contract states and what the employee handbook recommends. Occupational health meetings are an effective method for managing long term sickness absence with an employee. They can also be used to safeguard aga...
This article is listed under the following topics:
Absence and Sickness