First Tuesday Q&A

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

What is 'safe leave’ and what does this mean for employees who have experienced domestic abuse?

Posted in: First Tuesday Q&A NI on 03/05/2022 Northern Ireland has become the first jurisdiction in the United Kingdom to provide support to victims of domestic abuse at work. Legislation has been introduced and is awaiting Royal Assent to provide employees who are victims of domestic abuse with the right of up to ten days of paid leave a year...
This article is listed under the following topics:
Policies and Procedures Leave

What notice should employees give in order to take parental bereavement leave?

Posted in: First Tuesday Q&A NI on 01/03/2022 The rules regarding notification will be set out in the forthcoming regulations. However, by way of indication, we expect that that new rules will largely correspond with those applicable in Great Britain. In order to take parental bereavement leave in Great Britain, employees must give the employe...
This article is listed under the following topics:
Absence and Sickness Policies and Procedures Pay Leave Family Friendly Rights

Parental Bereavement Leave - What protections rights does an employee have?

Posted in: First Tuesday Q&A NI on 01/03/2022 Parents taking parental bereavement leave will be entitled to the same employment protections as those associated with other forms of family related leave i.e. maternity, paternity, adoption, parental and shared parental leave. This will include protection from detriment and dismissal as a result o...
This article is listed under the following topics:
Absence and Sickness Leave Family Friendly Rights

What is the rate of paid parental bereavement leave and how will it be calculated?

Posted in: First Tuesday Q&A NI on 01/03/2022 Employees on parental bereavement leave may also be entitled to statutory parental bereavement pay if they can satisfy certain statutory eligibility criteria. In summary, the employee must: Be in employed by you for a continuous period of at least 26 weeks; Remain in that employment at least until...
This article is listed under the following topics:
Absence and Sickness Pay Leave Family Friendly Rights

Who is entitled to parental bereavement leave under the Parental Bereavement (Leave and Pay) Bill?

Posted in: First Tuesday Q&A NI on 01/03/2022 On 7 February 2022, the Northern Ireland Assembly passed the Parental Bereavement (Leave and Pay) Bill. It is anticipated that the new legislation will come into effect in April 2022, once the Bill has received Royal Assent and when further details have been set out in the accompanying regulations....
This article is listed under the following topics:
Absence and Sickness Pay Leave Family Friendly Rights

What rights do employers have to claim a refund of Statutory Sick Pay paid to employees under the current legislation?

Posted in: First Tuesday Q&A NI on 01/02/2022 Under the Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Northern Ireland) Regulations 2022, small and medium size employers can reclaim some or all of their Statutory Sick Pay costs from HMRC. Under the legislation, the ‘eligible employer’ is the one who on the 30th November...
This article is listed under the following topics:
Absence and Sickness Leave

Do students, who carry out hourly-paid work duing 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...
This article is listed under the following topics:
Absence and Sickness Contracts of Employment Working Time Pay Leave

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 Leave

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

Is An Employee Who Is Off On Maternity Leave Permitted To Carry Over Her Accrued But Untaken Annual Leave?

Posted in: First Tuesday Q&A NI on 02/03/2021 An employee who is on maternity leave and therefore cannot use annual leave must be permitted to take her full holiday entitlement outside her maternity leave period. This was confirmed by the European Court of Justice in Merino Gomez v Continental Industrias del Caucho SA (C342/01) [2005] ICR 1040...
This article is listed under the following topics:
Discrimination and Equality Working Time Leave