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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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 Annual Leave and Holiday Pay

Can employees serving their notice period be claimed for through the CJRS

Posted in: First Tuesday Q&A NI on 02/02/2021 This depends on the claim period. For claim periods relating to November 2020, employers can claim for a furloughed employee who is serving a notice period. However, for claim periods starting on or after 1 December 2020, employers cannot claim for any days on or after 1 December 2020 during which...
This article is listed under the following topics:
Coronavirus/Covid-19

Does a business have to show a downturn in work to avail of the extended CJRS?

Posted in: First Tuesday Q&A NI on 02/02/2021 The Treasury Direction for the extended CJRS states that the scheme applies to employees "whose employment activities have been adversely affected by the coronavirus and coronavirus disease or the measures taken to prevent or limit its further transmission”. The employer guidance also states that e...
This article is listed under the following topics:
Coronavirus/Covid-19

Which employees are eligible for the extended CJRS?

Posted in: First Tuesday Q&A NI on 02/02/2021 The CJRS has been extended until the end of April 2021 (“extended CJRS”) and employers can avail of the scheme on a flexible basis. Employees will be eligible for the extended CJRS provided that their employer has made a PAYE RTI submission to HMRC between 20 March 2020 and 30 October 2020 notifyin...
This article is listed under the following topics:
Coronavirus/Covid-19

Can we insist employees take unused annual leave or should they be allowed to carry it forward due to COVID-19?

Posted in: First Tuesday Q&A NI on 01/12/2020 Regulation 18 of the Working Time Regulations (Northern Ireland) 2016 enables employers to require employees to take annual leave on particular days provided that they give employees twice as much notice as the leave they are being required to take. Therefore, employers can ask employees to use unt...
This article is listed under the following topics:
Working Time Coronavirus/Covid-19

Do we have to permit a request to cancel pre-booked annual leave due to lockdown?

Posted in: First Tuesday Q&A NI on 01/12/2020 Employees do not have a statutory right under the Employment Rights (Northern Ireland) Order 2016 or other employment legislation to cancel annual leave requests. Cancellation requests are usually dealt with at an employer's discretion (in the absence of any contractual provision). Whilst employers...
This article is listed under the following topics:
Working Time Coronavirus/Covid-19

How Do We Make A Claim Under The JSS?

Posted in: First Tuesday Q&A NI on 06/10/2020 The JSS will be open from 1 November 2020 to the end of April 2021. Claims can be made online via gov.uk and the system will open in December 2020. Grants under the JSS will be paid on a monthly basis and in arrears. This means that a claim can only be submitted: in respect of a given pay period; ...
This article is listed under the following topics:
Coronavirus/Covid-19

If We Have Recently Employed New Staff on Zero Hour’s Contracts, Do We Have to Put Them on the JSS?

Posted in: First Tuesday Q&A NI on 06/10/2020 There is nothing to prevent an employer placing zero hours’ staff on the JSS specifically by virtue of them being on zero hours contracts, provided that they satisfy the eligibility requirements set out above. If the staff are very new, they may not qualify for the JSS on the basis that they do not...
This article is listed under the following topics:
Coronavirus/Covid-19

Do We Have to Obtain Employee Agreement to Place Them on The JSS?

Posted in: First Tuesday Q&A NI on 06/10/2020 Yes. The Job Support Factsheet states that employers must agree the new short-time working arrangements with their employees, including any contractual changes and notify employees in writing. On request, the employer must provide HMRC with a copy of its agreement with the employee regarding reduc...
This article is listed under the following topics:
Coronavirus/Covid-19

Do Employees Have To Have Been Furloughed Previously To Be Put On The Job Support Scheme?

Posted in: First Tuesday Q&A NI on 06/10/2020 No, employees do not need to have been furloughed previously in order to be put on the JSS. In fact, employers can avail of the JSS even if they did not use the CJRS at all. However, the JSS is intended to primarily assist small to medium sized businesses (“SMEs”) and large employers need to demons...
This article is listed under the following topics:
Coronavirus/Covid-19