Location: Northern Ireland
Rep.of Ireland
Location: Northern Ireland
Rep.of Ireland

First Tuesday Q&A

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

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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...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures Leave Family Friendly Rights

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

Harpur Trust v Brazel Case – Implications for Employers

Posted in: First Tuesday Q&A NI on 01/11/2022 In light of the judgment in Harpur Trust v Brazel, how do you calculate holiday pay for workers on permanent contracts with no regular working hours (i.e. zero-hours)? The UK Supreme Court in Harpur Trust v Brazel [2022] UKSC 21 removed the widely accepted method of calculating holiday pay in a una...
This article is listed under the following topics:
Contracts of Employment Leave

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

What Is the Difference Between a Worker And An Employee?

Posted in: First Tuesday Q&A NI on 02/08/2022 Anyone who receives payment for work or services may not necessarily fall under the category of an employee. An individual may alternatively qualify as a ‘worker’ or ‘self-employed’. Your employment status will determine the level of rights that you are entitled to and the taxes you will pay. Under...
This article is listed under the following topics:
Contracts of Employment

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