First Tuesday Q&A

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

If an employment contract is only provided to an employee a few months after employment started, what issues does this give rise to?

Posted in: First Tuesday Q&A NI on 05/10/2021 One of the main issues arising from a delay to provide a written contract is the uncertainty around terms. There is no legal requirement for any employee to have a written contract of employment. However, employers are required by article 33 of the Employment Rights (Northern Ireland) Order 1996 to...
This article is listed under the following topics:
Contracts of Employment

Would it be lawful for a contract of employment to make payment of salary conditional upon the employee fulfilling their obligations and duties?

Posted in: First Tuesday Q&A NI on 03/08/2021 There is a duty to pay wages when an employee is ready, willing and able to work. This is the case irrespective of whether there is work for them to do or not. Case law states that work and wages go hand-in-hand. In short, if the employer declines to pay, the worker need not work. If the worker dec...
This article is listed under the following topics:
Contracts of Employment

If A Company Based In NI Is Employing Someone Who Will Be Based In England, Should The Governing Law Of The Employment Contract be the Law Of England Or NI?

Posted in: First Tuesday Q&A NI on 03/08/2021 The parties to the employment contract are free to choose the law that will govern the contract. However, the parties’ choice of governing law will not displace the "mandatory rules" that would have applied in the absence of choice. Mandatory rules cover issues such as notice rights, method of term...

If An Employer Had A Policy Of Only Offering Fixed Term-Contracts-to Applicants Who Are Not Entitled To Permanently Reside In The UK Would Be Racial Discrimination

Posted in: First Tuesday Q&A NI on 03/08/2021 Migrant workers employed legally in the UK generally have the same rights as workers who were born in the UK. Importantly, this includes the right to be protected from discrimination. The Race Relations (Northern Ireland) Order 1997 provides protection against racial discrimination. In determining ...
This article is listed under the following topics:
Discrimination Contracts of Employment Immigration

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...

If an employee is under both a full-time contract and a second, casual contract with the same employer, are they entitled to holidays under both contracts?

Posted in: First Tuesday Q&A NI on 06/07/2021 As these are two separate contracts, the employee will be entitled to whatever statutory (or contractual) holidays apply under each contract. Therefore, the employee is entitled to receive their pro-rated holiday entitlement under the part-time contract in addition to the full-time entitlement unde...
This article is listed under the following topics:
Contracts of Employment Working Time Pay Annual Leave and Holiday Pay

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, ...
This article is listed under the following topics:
Redundancy Contracts of Employment Pay

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