First Tuesday Q&A

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

If employees have been working remotely during the pandemic, can they argue that, through custom and practice, they are entitled to work from home on a permanent basis?

Posted in: First Tuesday Q&A NI on 05/10/2021 Any contract may be amended at any time either in accordance with the terms of the contract itself or with the agreement of all the parties to the contract. Case law concerning employment contracts has demonstrated the court's willingness to protect employees from employers who may seek to abuse th...
This article is listed under the following topics:
Contracts of Employment Coronavirus/Covid-19 Remote and Hybrid Working

How Is Statutory Sick Pay Reclaimed From HMRC In Relation To Employees Who Were Absent From Work Due To COVID-19?

Posted in: First Tuesday Q&A NI on 03/08/2021 Employers can reclaim up to 2 weeks SSP if all of the following apply: Your employee was off work because they had COVID-19 or were self-isolating Your employee was off work because they were shielding – before 26 April 2021 in Scotland, before 12 April 2021 in Northern Ireland and before 1 April ...
This article is listed under the following topics:
Absence and Sickness Coronavirus/Covid-19

If employees willingly provided a personal email addresses and these were subsequently used to contact them at home during the Covid Lockdown, is this a breach of data protection?

Posted in: First Tuesday Q&A NI on 06/07/2021 If employees provide personal email addresses at the start of their employment and their personal email addresses were used to contact them while they worked from home during the Coronavirus Lockdown, is this a breach of data protection? It will be important to check the content of your privacy not...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Coronavirus/Covid-19

How did the Coronavirus Job Retention Scheme change on 1st July 2021?

Posted in: First Tuesday Q&A NI on 06/07/2021 From July 2021, employers will be required to make a 10% contribution to furlough pay. This will increase to 20% for August and September 2021. HMRC guidance operational from 1 July 2021 states: The government will pay 70% of wages up to a maximum of £2,187.50 for the hours that the employee is on...
This article is listed under the following topics:
Pay Coronavirus/Covid-19

Can Home Working Be Made Permanent Through Custom and Practice?

Posted in: First Tuesday Q&A NI on 01/06/2021 If employees have been working from home during the coronavirus pandemic, can they argue that through custom and practice, it has become a term of their contract of employment that they are entitled to work from home on a permanent basis? During the coronavirus (COVID-19) pandemic, many employees h...
This article is listed under the following topics:
Coronavirus/Covid-19 Remote and Hybrid Working

Travelling to non-approved countries – can we refuse the leave?

Posted in: First Tuesday Q&A NI on 01/06/2021 Can an employer refuse to allow holidays and/or cancel an employee's holiday leave if they are using the holiday to go to another country which is not on the approved travel list? How employers choose to deal with an employee whose holiday plans would require them to quarantine, or self-isolate, on...
This article is listed under the following topics:
Coronavirus/Covid-19 Leave

An employee is refusing to return to the workplace due to COVID-19 concerns - what do we need to consider?

Posted in: First Tuesday Q&A NI on 13/04/2021 There are a number of issues you will want to consider when deciding how to deal with this situation, including: what level of national or local restriction applies; the nature of the workplace, and whether any restrictions on opening apply; the nature of the employee’s work, including whether the...
This article is listed under the following topics:
Health and Safety Coronavirus/Covid-19

What Are The Potential Discrimination Risks Associated With Requiring Employees To Have The COVID-19 Vaccine?

Posted in: First Tuesday Q&A NI on 02/03/2021 Mandatory vaccination is a topic that has gathered significant attention over the past weeks and months. However, employers should be aware that there is a risk of exposing themselves to discrimination claims if they seek to compel employees to have the vaccine. Employers should familiarise themsel...
This article is listed under the following topics:
Discrimination and Equality Coronavirus/Covid-19

Can An Employer Commence Disciplinary Proceedings Against Employees Who Refuse To Have A COVID-19 Vaccine?

Posted in: First Tuesday Q&A NI on 02/03/2021 Employer could try and argue that requesting employees to have the COVID-19 vaccine amounts to a reasonable management instruction on the basis that it is intended to protect health and safety, and that a failure to comply is misconduct. However, given the nature of the request along with the fact ...
This article is listed under the following topics:
Discipline and Grievance Discrimination and Equality Coronavirus/Covid-19

Can employers make employees use annual leave during periods of furlough?

Posted in: First Tuesday Q&A NI on 02/02/2021 Yes, employers can require employees to use annual leave during periods of furlough. However, employees need to be given twice as much notice as the length of the holiday they are required to take (e.g. ten days’ notice for five days’ holiday) unless the employment contract says otherwise. The gove...
This article is listed under the following topics:
Coronavirus/Covid-19 Leave