First Tuesday Q&A

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

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

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

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

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

Contacting bereaved employees – how do I handle it?

Posted in: First Tuesday Q&A NI on 04/06/2019 Firstly, an employer is not obligated to grant compassionate leave in the event of a bereavement, except in the limited circumstances outlined in the statutory right to time off for dependents under Article 85A of the Employment Rights (NI) Order 1996. Nevertheless, many employers will provide...
This article is listed under the following topics:
Absence and Sickness Contracts of Employment Policies and Procedures

Communicating a pay rise to an employee – what do I need to provide?

Posted in: First Tuesday Q&A NI on 04/06/2019 Under article 33(2) of the Employment Rights (Northern Ireland) Order 1996 (“ER(NI)O”), an employer is required to provide an employee with an initial written statement of their employment particulars not later than two months after employment commences. This statement includes ‘the scale or rate ...
This article is listed under the following topics:
Contracts of Employment Pay

Can an employer disclose a departing employee’s restrictive covenants to their new employer?

Posted in: First Tuesday Q&A NI on 04/06/2019 It is standard course for an employer to notify a departing employee’s new employer of any post-termination restrictions in place. Often this will simply be by cutting and pasting across the relevant sections from the employee’s contract of employment. An employee’s contract of employment wil...
This article is listed under the following topics:
Contracts of Employment Data Protection and GDPR

Do probationary periods apply to staff members redeployed to a different role within a business?

Posted in: First Tuesday Q&A NI on 07/05/2019 Probationary periods are frequently used for new employees, but also can be applied for those redeployed or promoted within the same organisation. If this is the case, a probationary period needs to be clearly communicated to the employee. This can be done by including a probationary clause in the ...
This article is listed under the following topics:
Contracts of Employment Probation