First Tuesday Q&A

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

Is an employee that rejects an offer of suitable alternative employment entitled to notice pay in a redundancy scenario?

Posted in: First Tuesday Q&A NI on 02/06/2020 If an employee unreasonably refuses suitable alternative employment in a redundancy scenario, they are treated as dismissed. This means that an employee could lose their right to a statutory redundancy payment (provided that they were otherwise eligible e.g. two years continuous service). However, ...

In what circumstances can employees claim statutory guarantee payments?

Posted in: First Tuesday Q&A NI on 05/05/2020 Statutory guarantee payments are covered under Part V (Article 60 – Article 67) of the Employment Rights (Northern Ireland) Order 1996. They are statutory payments which aim to provide a degree of financial assistance to employees who are subject to temporary lay-off or short time working (provided...
This article is listed under the following topics:
Redundancy and Reorganisation Pay and Conditions of Employment Coronavirus/Covid-19

What Elements of Remuneration Can Be Claimed Through The Job Retention Scheme (“JRS”)?

Posted in: First Tuesday Q&A NI on 07/04/2020 On 4 April 2020, the government provided more information on the specific elements of remuneration that can be claimed when calculating the wages of those who are being furloughed. The guidance confirms that employers can claim for any regular payments that they are obliged to pay their employees, ...
This article is listed under the following topics:
Pay and Conditions of Employment Coronavirus/Covid-19

Can We Ask an Employee Who Has a Family Member Who Has Been Diagnosed With, or Is Suspected to Have, Covid-19 Not to Come in to Work?

Posted in: First Tuesday Q&A NI on 03/03/2020 If the employee has been in close contact with the family member, for example, lives with them, it would be a reasonable request for an employer to ask the employee to self-isolate. However, it is likely in such a scenario, the employee would wish to self-isolate anyway. In contrast, if an employer...
This article is listed under the following topics:
Health and Safety Pay and Conditions of Employment Coronavirus/Covid-19

Do Employers Have to Pay Employees Who are Self-Isolating After Returning From an Affected Area?

Posted in: First Tuesday Q&A NI on 03/03/2020 Firstly, if employees are self-isolating as a precautionary measure, depending on the nature of their role, they may be able to continue working from home. In such instances, employees would continue to be paid because they are still fulfilling their duties to their employer. If employees who are ...
This article is listed under the following topics:
Health and Safety Pay and Conditions of Employment Coronavirus/Covid-19

Can Employers Make Employees Stay at Home Who Have Just Returned From an Affected Area?

Posted in: First Tuesday Q&A NI on 03/03/2020 Employers have a duty to ensure the health and safety of their workforce. Therefore, it is understandable that employers are concerned about employees returning to the workplace after they have visited an affected area. If employers knowingly permit employees who have been advised to self-isolate t...
This article is listed under the following topics:
Health and Safety Pay and Conditions of Employment Coronavirus/Covid-19

What Can We Do About Employees Who Are Afraid to Come to Work Because of Coronavirus?

Posted in: First Tuesday Q&A NI on 03/03/2020 The Corona Virus/Covid-19 pandemic is beginning to cause increased worry for employers, particularly as the first case has been diagnosed in Northern Ireland. It is envisaged that employers will see a rise in other employees wanting to work from home for fear of coming into contact with the virus, ...
This article is listed under the following topics:
Health and Safety Pay and Conditions of Employment Coronavirus/Covid-19

My employee says they cannot get to work and cannot drive their car as it is due a MOT and it has been cancelled – do I have to pay them?

Posted in: First Tuesday Q&A NI on 04/02/2020 There will be no one size fits all answer to this query, and it will likely be determined based on the particular circumstances that the employee is in. In the first instance you should consult any applicable policy for guidance, such as an absence policy, and also check how the company has dealt ...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

Is an employee on an unpaid career break entitled to receive statutory notice pay?

Posted in: First Tuesday Q&A NI on 07/01/2020 Firstly, it will be necessary to check whether the employee’s contract of employment is continuing or terminating during the career break. If the contract is terminating, the employee loses their right to notice and any notice pay. If the contract of employment is continuing, the employee will cont...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

Can an employer use an unpaid work trial as part of a recruitment process?

Posted in: First Tuesday Q&A NI on 06/08/2019 Work trials can be a useful tool for employers and can form a legitimate part of a recruitment exercise by enabling employers to observe how a candidate performs in a real work setting before formally choosing to hire the candidate. If the candidate performs to a high standard during the trial peri...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment