First Tuesday Q&A

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

Is an employee that rejects an offer of suitable alternative employment entitled to notice pay in a redundancy scenario?

Posted in: First Tuesday Q&A NI on 02/06/2020 If an employee unreasonably refuses suitable alternative employment in a redundancy scenario, they are treated as dismissed. This means that an employee could lose their right to a statutory redundancy payment (provided that they were otherwise eligible e.g. two years continuous service). However, ...

We have had to delay an employee’s start date to three months after the date specified in their contract due to Covid-19. When will their period of continuity of employment commence?

Posted in: First Tuesday Q&A NI on 02/06/2020 Article 7(1)(a) of the Employment Rights (Northern Ireland) Order 1996 (“ER(NI)O”) states that an employee’s period of continuous employment commences on the “day on which the employee starts work". However, this has been subject to interpretation in the courts because there are instances when an e...
This article is listed under the following topics:
Contracts of Employment Coronavirus/Covid-19

Can an employer withdraw offers of employment or delay start dates for new recruits in light of Covid-19?

Posted in: First Tuesday Q&A NI on 02/06/2020 Withdrawing offers of employment As a starting point, an employer would need to consider if a contract of employment has been signed by the new recruits (although, technically, a contract can be formed without it being written down). This is because once the offer of employment has been made and ac...
This article is listed under the following topics:
Contracts of Employment Coronavirus/Covid-19

Due to cancelled MOTs my company vehicles cannot go on the road and I have no alternative work for my employees, what can I do?

Posted in: First Tuesday Q&A NI on 04/02/2020 This impact of this problem should now be significantly reduced due to the issuance of exemption certificates for vehicles over four years old. Even if your company vehicles are four years old and therefore fall in to the unfortunate gap, they will be prioritised when re-booking MOTs, so you should...
This article is listed under the following topics:
Contracts of Employment

My employee says they cannot get to work and cannot drive their car as it is due a MOT and it has been cancelled – do I have to pay them?

Posted in: First Tuesday Q&A NI on 04/02/2020 There will be no one size fits all answer to this query, and it will likely be determined based on the particular circumstances that the employee is in. In the first instance you should consult any applicable policy for guidance, such as an absence policy, and also check how the company has dealt ...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

Is an employee on an unpaid career break entitled to receive statutory notice pay?

Posted in: First Tuesday Q&A NI on 07/01/2020 Firstly, it will be necessary to check whether the employee’s contract of employment is continuing or terminating during the career break. If the contract is terminating, the employee loses their right to notice and any notice pay. If the contract of employment is continuing, the employee will cont...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

If a member of staff leaves the Company but then re-joins the next year on a new contract of employment, does the Company need to carry out a full induction programme with them again?

Posted in: First Tuesday Q&A NI on 01/10/2019 As a general rule, it is important that all businesses, regardless of size, should have a thorough induction programme to provide employees with all the information they need before commencing the job. The induction programme should reflect the complexity of the job in question and help employees a...
This article is listed under the following topics:
Contracts of Employment

Can an employer insist on an employee using holiday entitlement during their notice period when on garden leave?

Posted in: First Tuesday Q&A NI on 01/10/2019 The employment contract continues to subsist during any period of garden leave. Therefore, the employer must continue to: Perform all the terms of the contract. Pay salary at the normal time. Provide all other contractual benefits, such as medical and pension benefits and company car. Allow the em...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

What time period constitutes a break in continuous service?

Posted in: First Tuesday Q&A NI on 06/08/2019 Continuous employment is a statutory concept set out under Article 7 of the Employment Rights (Northern Ireland) Order 1996 used to describe the length of unbroken time that an employee has worked. In general, a period of continuous employment will start when an individual commences employment and ...
This article is listed under the following topics:
Contracts of Employment

Is it lawful for an employer only to provide payslips electronically to employees?

Posted in: First Tuesday Q&A NI on 06/08/2019 The law governing payslips is set out under Article 40 of the Employment Rights (Northern Ireland) Order 1996 (“ERO”) which, in short, requires employees to be given a written itemised pay statement. In terms of the provision of electronic payslips, the above legislation raises two questions: Doe...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment