First Tuesday Q&A

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

If an employee sends work-related documents to their solicitor, would this breach their confidentiality obligations?

Posted in: First Tuesday Q&A NI on 03/05/2022 If an employee sends work-related documents to their solicitor, would this breach their workplace confidentiality obligations? This will heavily depend on what the employee’s confidentiality obligations are and what is stipulated in their contract. It may also depend on the content of the work-rela...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures

What does the term “fire and rehire” mean?

Posted in: First Tuesday Q&A NI on 05/04/2022 The term “fire and rehire” is usually used to describe the practice where an employee’s contract of employment is terminated before that same employee is immediately re-employed by the same employer on new terms and conditions of employment. There has been calls for introducing new legislative prot...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures

What effect will the Employment (Zero Hours Workers and Banded Weekly Working Hours) Bill have on zero hour contracted workers?

Posted in: First Tuesday Q&A NI on 01/02/2022 The Employment (Zero Hours Workers and Banded Weekly Working Hours) Bill was introduced to the Northern Ireland Assembly on the 15 November and is currently scheduled for the Second Stage. The Bill seeks to replace zero hours contracts with banded hours, giving workers entitlement to minimum and ma...
This article is listed under the following topics:
Contracts of Employment

Where an agency worker and a direct recruit are paid the same but the agency worker works longer hours, is there a breach of the Agency Workers Regulations (NI) 2011?

Posted in: First Tuesday Q&A NI on 07/12/2021 The purpose of the Agency Workers Regulations (Northern Ireland) 2011 is to ensure equal treatment of agency workers and permanent workers. The Court of Appeal, in Kocur v Angard Staffing Ltd and another [2019], determined that the Agency Workers Regulation 2010 (the English equivalent to the Agenc...
This article is listed under the following topics:
Contracts of Employment Pay

Where an individual is recruited under the government-funded JobStart Scheme, do they acquire the status of an employee and would the statutory rights and obligations of employees apply?

Posted in: First Tuesday Q&A NI on 07/12/2021 Employers can apply under the JobStart Scheme for funding to cover the following employment costs: 100% of the National Minimum Wage (or the National Living Wage depending on the age of the participant) for 25 hours per week for a total of 6 months (or 9 months for a young person who meets additio...
This article is listed under the following topics:
Contracts of Employment Recruitment and Selection Pay

Can an employer fine an employee for misconduct?

Posted in: First Tuesday Q&A NI on 07/12/2021 There are a number of potential hurdles that could face an employer trying to enforce a contractual clause that allows them to fine employees and deduct those fines from wages. The first is that the clause may be considered a penalty clause. The general rule against penalty clauses means that such ...
This article is listed under the following topics:
Contracts of Employment Pay

If an Employee’s Role Within the Same Company Changes From Part-Time to Full-Time Does This Affect the Continuity of Employment?

Posted in: First Tuesday Q&A NI on 02/11/2021 The Employment Rights (Northern Ireland) Order 1996 has a set way of calculating continuity which overrides any agreement between the employer and employee. It depends on when the continuous period starts; when the continuous period ends; whether anything happens to break continuity between the sta...
This article is listed under the following topics:
Contracts of Employment Working Time

Are Agency Workers Protected From Suffering Detriment in Employment Under The Employment Rights (Northern Ireland) Order 1996?

Posted in: First Tuesday Q&A NI on 02/11/2021 Part VI of the Employment Rights (Northern Ireland) Order 1996 provides that for certain types of detriment claim an individual must have 'employee' status to be protected, and for other types, 'worker' status will suffice. Employee status is defined as an individual who has entered into or works u...
This article is listed under the following topics:
Contracts of Employment Pay

Where an Employee Has Left Employment but is Then Found to Have Acted Fraudulently, Can The Employer Bring a Claim For Breach of Contract?

Posted in: First Tuesday Q&A NI on 02/11/2021 Within an employer’s disciplinary rules or disciplinary procedure there will usually be a list, or examples, of what constitutes gross misconduct. This list will usually include fraud. Therefore, fraud on the part of an employee is likely to amount to a fundamental breach of contract that, if the e...

If employees have been working remotely during the pandemic, can they argue that, through custom and practice, they are entitled to work from home on a permanent basis?

Posted in: First Tuesday Q&A NI on 05/10/2021 Any contract may be amended at any time either in accordance with the terms of the contract itself or with the agreement of all the parties to the contract. Case law concerning employment contracts has demonstrated the court's willingness to protect employees from employers who may seek to abuse th...
This article is listed under the following topics:
Contracts of Employment Coronavirus/Covid-19 Remote and Hybrid Working