First Tuesday Q&A

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

What is the Legal Position on Maximum Office Temperatures?

Posted in: First Tuesday Q&A NI on 07/08/2023 With record-breaking heatwaves across Europe, in the event the rising temperatures reach closer to home in the last weeks of summer, it is important for employers to be mindful of what the law states in relation to the office temperatures. The Workplace (Health, Safety and Welfare) Regulations (Nor...
This article is listed under the following topics:
Policies and Procedures Wellbeing

Can an Employer Waive the Eight Weeks’ Notice Requirement to Return to Work Early from Maternity Leave?

Posted in: First Tuesday Q&A NI on 07/08/2023 An employee who is seeking to return to work before the end of her additional maternity leave (AML) must give the employer at least eight weeks’ notice of her intention to return early. However, it is for the employer to decide whether it wishes to enforce the eight-week notice requirement if the e...
This article is listed under the following topics:
Policies and Procedures Family Friendly Rights

What Control can an Employer Exercise over an Employee’s Social Media Accounts?

Posted in: First Tuesday Q&A NI on 06/06/2023 More and more businesses have been utilising social media as a tool for building brand awareness and client interaction whether it be on LinkedIn, Instagram or TikTok. However, whilst an asset, social media can present employers with challenges particularly in relation to their employee’s use of it...
This article is listed under the following topics:
Discipline and Grievance Policies and Procedures

Whilst on Maternity Leave, are there any Consequences for an Employee taking more than 10 Keeping in Touch (KIT) Days?

Posted in: First Tuesday Q&A NI on 02/05/2023 All pregnant employees are legally entitled to take up to 52 weeks’ statutory maternity leave, made up of 26 weeks’ Ordinary Maternity Leave and 26 week’s Additional Maternity Leave, provided it is a single continuous period of leave. Employers can appreciate that this is a significant period of ti...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures Leave Family Friendly Rights

What is the Difference Between Sexual Harassment and Sex Discrimination?

Posted in: First Tuesday Q&A NI on 02/05/2023 In the aftermath of the MeToo movement, catalysed by allegations within the Hollywood film industry, there remains ongoing dialogue in regard to sexual harassment and violence. Accompanying this surge in awareness and discussion, it has become more commonplace for claims of sexual harassment to be ...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures

Does Swearing in the Workplace Constitute Misconduct?

Posted in: First Tuesday Q&A NI on 10/03/2023 In the recent GB case Ms H Dadhania v SAP(UK) Ltd and Others 3307319/2020, it was deemed by the judge, Andrew Gumbiti-Zimuto, that swearing is ‘fairly commonplace’ and has lost the ‘shock value’ that it once carried in an arguably more conservative society. Generally, if a business wishes to make f...
This article is listed under the following topics:
Discipline and Grievance Policies and Procedures

Is Addiction Classed as a Disability under the Disability Discrimination Act 1995?

Posted in: First Tuesday Q&A NI on 10/03/2023 A disability is defined by Section 1(1) Disability Discrimination Act 1995 to be a physical or mental impairment which has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities. Whilst various conditions do fall within the definition of a d...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures

What are the Rights for an Employee who is Suffering Domestic Abuse?

Posted in: First Tuesday Q&A NI on 10/03/2023 In August 2022, the Labour Relations Agency published a ‘Safe at Home, Safe at Work’ guide which focused on how employers can support and assist employees that are suffering from domestic abuse and violence. There has been a pressing need to focus on this issue since the COVID-19 pandemic and parti...
This article is listed under the following topics:
Absence and Sickness Contracts of Employment Policies and Procedures Wellbeing

What are an Employer’s Obligations Surrounding Reasonable Adjustments for a Disabled Employee?

Posted in: First Tuesday Q&A NI on 10/03/2023 Further information would be required in order to advise on the particular obligations that would be relevant in your context. However, in general terms, the Disability Discrimination Act 1995 imposes a duty on employers to make reasonable adjustments to help disabled employees (together with job a...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Diversity & Inclusion

Are employees Entitled to take time off for IVF appointments?

Posted in: First Tuesday Q&A NI on 10/03/2023 There is currently no specific statutory right to time off for IVF treatment, but employees can still ask you for time off. If this cannot be accommodated in the circumstances, you might wish to offer the employee the option of taking annual leave instead to attend such appointments. The Equality C...
This article is listed under the following topics:
Policies and Procedures Leave Family Friendly Rights