First Tuesday Q&A

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

What is the legal position when a contract of employment states the incorrect salary?

Posted in: First Tuesday Q&A NI on 03/10/2024 It is not clear whether the salary provided for in the contract is higher or lower than it ought to be. Whilst it is good practice to ensure that contracts are kept up to date, it is often the case that salary increases may be made without amending the contractual terms. This would likely be viewed...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures

If an employee issues a verbal resignation, but their contract requires a written resignation, will their resignation still be effective in law?

Posted in: First Tuesday Q&A NI on 03/10/2024 There are no statutory rules about the form that notice to terminate the employment contract must take. In the absence of relevant contractual provisions, it may be given orally or in writing. However, in this case, the contractual requirements provide that notice must be given in writing. As a mat...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures

Should Employers Include Non-Disclosure Clauses in Their Employee’s Employment Contracts?

Posted in: First Tuesday Q&A NI on 11/03/2024 The topic of non-disclosure agreements (NDA) and confidentiality clauses within the context of employment has attracted a surge in media attention in recent years, particularly following the rise of the #metoo campaign relating to the use of NDAs to cover up sexual harassment issues in some workpla...
This article is listed under the following topics:
Contracts of Employment

Is There any Guidance on Travelling into Work in Adverse Weather Conditions?

Posted in: First Tuesday Q&A NI on 03/10/2023 With the arrival of Storm Agnes last week causing flooding and difficult driving conditions, it is important for employers to keep in mind that there can be instances where commuting to the office can cause travel problems or even be a risk to the safety of their employees. In the first instance, e...
This article is listed under the following topics:
Health and Safety Contracts of Employment

What Types of Break Between Contracts would not Constitute a Break in Continuous Employment?

Posted in: First Tuesday Q&A NI on 04/07/2023 An individual’s continuous employment is calculated in months and years, starting with the date he or she begins working with the employer. It is important to establish an employee’s minimum period of continuous employment with an employer as it enables them to be eligible for certain rights and pa...
This article is listed under the following topics:
Dismissal Contracts of Employment

Whilst on Maternity Leave, are there any Consequences for an Employee taking more than 10 Keeping in Touch (KIT) Days?

Posted in: First Tuesday Q&A NI on 02/05/2023 All pregnant employees are legally entitled to take up to 52 weeks’ statutory maternity leave, made up of 26 weeks’ Ordinary Maternity Leave and 26 week’s Additional Maternity Leave, provided it is a single continuous period of leave. Employers can appreciate that this is a significant period of ti...

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 is the Impact of Industrial Action on Statutory and Contractual Employment Rights?

Posted in: First Tuesday Q&A NI on 10/03/2023 Currently within Northern Ireland, as in the rest of the UK, there has been an increase in industrial action following complaints of unsatisfactory working conditions, including pay. Industrial action is considered a last resort for employees where a dispute cannot be resolved through negotiation. ...
This article is listed under the following topics:
Contracts of Employment Collective and Trade Union Issues

Salary Increase Instead of Pension Contributions – Can an Employer do This?

Posted in: First Tuesday Q&A NI on 01/11/2022 Can an employer increase salary instead of making pension contributions - where the employee requests that they do so? The risk that is run in this situation is whether a salary increase as a result of withdrawal from a pension scheme would be considered inducement under section 54 of the Pensions ...
This article is listed under the following topics:
Contracts of Employment Pensions Pay

What Issues Should an Employer Consider if an Employee Takes a Second Job?

Posted in: First Tuesday Q&A NI on 01/11/2022 During the cost of living crisis, it is likely employees may ask to take on a second job to manage their finances. There are issues when it comes to having multiple jobs surrounding wellbeing and health and safety concerns for employees. Wellbeing - Financial worries will impact on employees mental...
This article is listed under the following topics:
Contracts of Employment Working Time Policies and Procedures