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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Who Can Make a Flexible Working Request?

Posted in: First Tuesday Q&A NI on 02/08/2022 Qualifying employees (being those who have worked for 26 weeks continuously) are entitled under Northern Irish Law to make a flexible working request to their employer. This request can be in relation to their working hours, working times, place of work or any other aspect of the terms of condition...
This article is listed under the following topics:
Flexible Working

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...
This article is listed under the following topics:
Contracts of Employment Flexible Working Tribunal Practice Procedures and Jurisdictional Issues

What type of employee has the right to make a flexible working request?

Posted in: First Tuesday Q&A NI on 06/07/2021 Any employee can make a request for flexible working in relation to the hours they work, the times they begin/ finish work or their place of work. However, only employees with at least 26 weeks’ continuous service have a statutory right to make such a request to their employer and they can only mak...
This article is listed under the following topics:
Flexible Working

Can an employer refuse a request for flexible working?

Posted in: First Tuesday Q&A NI on 04/09/2018 Yes, an employer can refuse a flexible working request if the employee making the request is not entitled to do so. In order to be entitled, an individual must: (a) Be an employee not simply a worker or agency worker; (b) Have a minimum of 26 weeks continuous service; (c) Not have made a fl...
This article is listed under the following topics:
Discrimination Flexible Working Policies and Procedures

An employee with a disabled child has submitted a request for flexible working. Can the employer refuse this application? 

Posted in: First Tuesday Q&A NI on 05/09/2017 The Employment Rights (Northern Ireland) Order 1996 (“1996 Order”) establishes a statutory right for all employees who have been employed for a continuous period of 26 weeks to request flexible working hours. An employee may only make a single request in every 12 month period. Importantly, this is ...
This article is listed under the following topics:
Discrimination Flexible Working

If a part-time employee works on an hourly basis (not fixed hours, but approximately the same number of hours per week) and they request to be paid in lieu of their annual leave, can we lawfully do so?

Posted in: First Tuesday Q&A NI on 03/04/2017 Under the Working Time Regulations (Northern Ireland) 2016, workers are entitled to four weeks’ annual leave in each leave year and, while leave may be taken in instalments, it may not be replaced by a payment in lieu except where the worker’s employment is terminated. The European Court of Justice...
This article is listed under the following topics:
Working Time Flexible Working Pay

How does a business deal with public holidays if they don't open for business on Monday? Are employees entitled to be compensated for Public Holidays that fall on Mondays or any other days on which an employer doesn’t open, or is an employee to be compensated if s/he is not contracted to work, even if the employer is open?

Posted in: First Tuesday Q&A NI on 05/07/2016 There is no statutory right to time off (paid or otherwise) on any bank or public holiday. Under the Working Time Regulations (Northern Ireland) 2016, workers are entitled to 28 days’ annual leave entitlement per year (inclusive of the usual public holidays in Northern Ireland). As long as your emp...
This article is listed under the following topics:
Working Time Flexible Working Pay

What are the legal implications for workers who normally work only during the day but may be required to do an infrequent night shift?

Posted in: First Tuesday Q&A NI on 05/07/2016 It is important at the outset to consider the relevant wording regarding working hours contained in your contracts of employment. Where a worker does not have to work at night under their contract, you will usually need the worker’s agreement to change his or her hours as this will normally be a va...
This article is listed under the following topics:
Contracts of Employment Working Time Flexible Working Pay

As an employer we are keen to offer volunteering opportunities and/or internships to individuals who would like to gain experience or an insight into the work that we do. However, how do we ensure that they do not become classified as a ‘worker’? Is there any guidance to assess when the line of being a worker is crossed?

Posted in: First Tuesday Q&A NI on 02/12/2014 There is no legal definition of either a “volunteer” or “intern” and there is no specific legislation that deals with the relationship between an employer and an intern/volunteer. There is also no specific guidance on assessing the status of each and so, the usual employment law principles apply i....
This article is listed under the following topics:
Flexible Working Recruitment and Selection

What is the correct statutory definition of the words “Employer” and “Employee” and why are they important in employment law?

Posted in: First Tuesday Q&A NI on 05/08/2014 The words ‘Employee’ and ‘Employer’ are not regularly defined in Northern Irish employment legislation. However a few pieces of legislation do provide the statutory definition of both terms. As per the Industrial Tribunals (NI) Order 1996, the Employment Rights (Northern Ireland) Order 1996 and the...
This article is listed under the following topics:
Contracts of Employment Flexible Working