First Tuesday Q&A

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

National minimum wage increased on 1 April 2022, what can happen if employees' wages are not increased?

Posted in: First Tuesday Q&A NI on 03/05/2022 All workers are entitled to the UK national minimum wage and an itemised pay statement. This requirement is typically satisfied through employers providing payslips. The payslip should include the gross and net pay being received by the employee. Employers also have a duty to keep a record of these...
This article is listed under the following topics:
Pay

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

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 are the rights of employees and workers to receive a payslip?

Posted in: First Tuesday Q&A NI on 01/02/2022 Currently, under Article 40 of the Employment Rights (Northern Ireland) Order 1996, it is only an employee who has the right to be given a written itemised pay statement from his employer which shall contain particulars such as: The gross amount of wages or salary; Amounts of any variable and fixe...
This article is listed under the following topics:
Pay

Where an agency worker and a direct recruit are paid the same but the agency worker works longer hours, is there a breach of the Agency Workers Regulations (NI) 2011?

Posted in: First Tuesday Q&A NI on 07/12/2021 The purpose of the Agency Workers Regulations (Northern Ireland) 2011 is to ensure equal treatment of agency workers and permanent workers. The Court of Appeal, in Kocur v Angard Staffing Ltd and another [2019], determined that the Agency Workers Regulation 2010 (the English equivalent to the Agenc...
This article is listed under the following topics:
Contracts of Employment Pay

Where an individual is recruited under the government-funded JobStart Scheme, do they acquire the status of an employee and would the statutory rights and obligations of employees apply?

Posted in: First Tuesday Q&A NI on 07/12/2021 Employers can apply under the JobStart Scheme for funding to cover the following employment costs: 100% of the National Minimum Wage (or the National Living Wage depending on the age of the participant) for 25 hours per week for a total of 6 months (or 9 months for a young person who meets additio...
This article is listed under the following topics:
Contracts of Employment Recruitment and Selection Pay

Where an employee who has been made redundent is invited to apply for another role with an employer, are they entitled to claim statutory redundency payment if the decide not to apply?

Posted in: First Tuesday Q&A NI on 07/12/2021 Employees with at least two years’ continuous employment are entitled to a redundancy payment when they are dismissed by reason of redundancy. It is a question of fact whether an employee has firstly been dismissed and secondly whether it is by reason of redundancy. For example, an employee is not ...
This article is listed under the following topics:
Redundancy Pay Employee Engagement

Can an employer fine an employee for misconduct?

Posted in: First Tuesday Q&A NI on 07/12/2021 There are a number of potential hurdles that could face an employer trying to enforce a contractual clause that allows them to fine employees and deduct those fines from wages. The first is that the clause may be considered a penalty clause. The general rule against penalty clauses means that such ...
This article is listed under the following topics:
Contracts of Employment Pay

Are Agency Workers Protected From Suffering Detriment in Employment Under The Employment Rights (Northern Ireland) Order 1996?

Posted in: First Tuesday Q&A NI on 02/11/2021 Part VI of the Employment Rights (Northern Ireland) Order 1996 provides that for certain types of detriment claim an individual must have 'employee' status to be protected, and for other types, 'worker' status will suffice. Employee status is defined as an individual who has entered into or works u...
This article is listed under the following topics:
Contracts of Employment Pay