First Tuesday Q&A

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

Who is entitled to parental bereavement leave under the Parental Bereavement (Leave and Pay) Bill?

Posted in: First Tuesday Q&A NI on 01/03/2022 On 7 February 2022, the Northern Ireland Assembly passed the Parental Bereavement (Leave and Pay) Bill. It is anticipated that the new legislation will come into effect in April 2022, once the Bill has received Royal Assent and when further details have been set out in the accompanying regulations....
This article is listed under the following topics:
Absence and Sickness Pay Leave Family Friendly Rights

What rights do employers have to claim a refund of Statutory Sick Pay paid to employees under the current legislation?

Posted in: First Tuesday Q&A NI on 01/02/2022 Under the Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Northern Ireland) Regulations 2022, small and medium size employers can reclaim some or all of their Statutory Sick Pay costs from HMRC. Under the legislation, the ‘eligible employer’ is the one who on the 30th November...
This article is listed under the following topics:
Absence and Sickness Leave

Is a non-executive director eligible for statutory sick pay?

Posted in: First Tuesday Q&A NI on 05/10/2021 There are certain criteria that must be satisfied in order to be eligible for statutory sick pay (SSP). However, when it comes to non-executive directors, the requirement for the individual to be an 'employee' is likely to be the most immediately relevant. A person appointed as a director of a comp...
This article is listed under the following topics:
Absence and Sickness Pay

How Is Statutory Sick Pay Reclaimed From HMRC In Relation To Employees Who Were Absent From Work Due To COVID-19?

Posted in: First Tuesday Q&A NI on 03/08/2021 Employers can reclaim up to 2 weeks SSP if all of the following apply: Your employee was off work because they had COVID-19 or were self-isolating Your employee was off work because they were shielding – before 26 April 2021 in Scotland, before 12 April 2021 in Northern Ireland and before 1 April ...
This article is listed under the following topics:
Absence and Sickness Coronavirus/Covid-19

Do students, who carry out hourly-paid work during their holidays, accrue holiday during the unpaid absences from work?

Posted in: First Tuesday Q&A NI on 06/07/2021 In the case of a student who carries out hourly-paid work during school/ university vacations (that is, Christmas, Easter and Summer) would their holidays accrue during the unpaid absences from work (i.e. term time)? If the worker remains under a contract during term time, they would continue to a...
This article is listed under the following topics:
Absence and Sickness Contracts of Employment Working Time Pay Leave

Does the right to be accompanied apply at a meeting to discuss an occupational health report?

Posted in: First Tuesday Q&A NI on 13/04/2021 An employee has a statutory right to be accompanied (by a trade union representative or a fellow worker) at a "disciplinary meeting" which is defined as a meeting that could result in a formal warning being issued to a worker by the employer; the taking of some other action in respect of a worker b...
This article is listed under the following topics:
Absence and Sickness Discipline and Grievance

Can We Ask An Employee On Long-Term Sick Leave To Use Annual Leave?

Posted in: First Tuesday Q&A NI on 02/03/2021 Generally, employers can give notice to employees specifying dates on which their statutory holiday must be taken, in accordance with regulation 18(2) of the Working Time Regulations (Northern Ireland) 2016. This is provided that the employee is given twice the amount of notice of the length leave ...
This article is listed under the following topics:
Absence and Sickness Working Time Pay Leave

If an employee has been advised to self-isolate but a test shows they are negative for COVID-19, can they return to work before the self-isolation period is up?

Posted in: First Tuesday Q&A NI on 06/07/2020 Yes, once an employee has received a negative COVID-19 test they are able to return to work provided that they feel well enough to do so.
This article is listed under the following topics:
Absence and Sickness Health and Safety Coronavirus/Covid-19

If an employee has been advised to self-isolate (e.g. through the test and trace system) are we entitled to ask for evidence to verify this?

Posted in: First Tuesday Q&A NI on 06/07/2020 Northern Ireland has its own test and trace system in place via the Public Health Agency (“PHA”). The PHA contact tracing system identifies individuals who have been in close contact (for example, being less than 2 metres apart for more than 15 minutes) with someone who has tested positive for COVI...
This article is listed under the following topics:
Absence and Sickness Coronavirus/Covid-19

Are employees who are self-quarantining following a foreign holiday entitled to SSP?

Posted in: First Tuesday Q&A NI on 06/07/2020 The rules on self-quarantine following over-seas travel do not apply universally to the UK and are a devolved matter, which means employers need to tread carefully to ensure that they are following Norther Ireland specific guidance. Therefore, the more relaxed approach taken by England is not curre...
This article is listed under the following topics:
Absence and Sickness Health and Safety Coronavirus/Covid-19