First Tuesday Q&A

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

Do employers have to grant a request by an employee to work part-time?

Posted in: First Tuesday Q&A NI on 03/10/2024 Employers are not legally required to accept a request to work part-time. However, employees do have the right to request flexible working if they: have been continuously employed for a period of at least 26 weeks; are not an agency worker (other than one returning from parental leave or the armed...
This article is listed under the following topics:
Discrimination Flexible Working Policies and Procedures

What is the legal position when a contract of employment states the incorrect salary?

Posted in: First Tuesday Q&A NI on 03/10/2024 It is not clear whether the salary provided for in the contract is higher or lower than it ought to be. Whilst it is good practice to ensure that contracts are kept up to date, it is often the case that salary increases may be made without amending the contractual terms. This would likely be viewed...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures

If an employee issues a verbal resignation, but their contract requires a written resignation, will their resignation still be effective in law?

Posted in: First Tuesday Q&A NI on 03/10/2024 There are no statutory rules about the form that notice to terminate the employment contract must take. In the absence of relevant contractual provisions, it may be given orally or in writing. However, in this case, the contractual requirements provide that notice must be given in writing. As a mat...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures

In the situation where there is more than one employee on maternity leave and at risk of redundancy, and only one alternative vacancy, how should I decide who to give it to?

Posted in: First Tuesday Q&A NI on 03/07/2024 In the unfortunate event that a redundancy scenario arises, making it impracticable for an employer to continue to employ an employee who is on maternity leave under their existing contract, employers must follow the legislative requirements and offer the employee any other suitable vacant role tha...
This article is listed under the following topics:
Redundancy Policies and Procedures Family Friendly Rights

When offering a suitable available vacancy to an employee who is on maternity leave in a redundancy scenario, should this offer be made in writing?

Posted in: First Tuesday Q&A NI on 03/07/2024 Occasionally, employers will find themselves in a difficult position where a redundancy scenario arises and it becomes impracticable for the employer to continue to employ an employee who is currently on maternity leave. When such a situation arises, the employer is required to offer the employee a...
This article is listed under the following topics:
Policies and Procedures

Can I contact an employee who is on maternity leave?

Posted in: First Tuesday Q&A NI on 03/07/2024 When an employee is out on maternity leave, it is in both the employer and the employee’s best interests to keep in touch in order to maintain a positive relationship and prepare for the employee’s forthcoming return to work. However, it is important that the employer does not use this contact to p...
This article is listed under the following topics:
Working Time Policies and Procedures Family Friendly Rights

What Documents/Information Must an Employer Share With Their Employee During a Disciplinary Investigation?

Posted in: First Tuesday Q&A NI on 09/05/2024 Whilst specific information requirements may be outlined in the employment contract or internal policies, adherence to the statutory minimum statutory disciplinary procedures is mandatory for all employers in Northern Ireland. After completing the initial investigation and gathering evidence to aid...
This article is listed under the following topics:
Discipline Policies and Procedures

How Do We Regulate Social Media in the Workplace?

Posted in: First Tuesday Q&A NI on 09/04/2024 Social media networks have essentially revolutionised the way many businesses operate, both internally and externally. As a result, the transition from hosting workplace conversations in person to hosting them in an online environment may cause a blurring of the divisions between work and home. For...
This article is listed under the following topics:
Discipline Policies and Procedures

Are Employers Required to Approve Requests for Flexible Working?

Posted in: First Tuesday Q&A NI on 06/02/2024 The aftermath of the Covid-19 pandemic has driven an exponential increase in working from home and hybrid working opportunities. Flexible working can have inclusion and well-being advantages for employees and can be useful to employers when attracting and retaining talent. However, do employers alw...
This article is listed under the following topics:
Policies and Procedures

Employee Travel Disruption Rights - What Can I do as an Employer?

Posted in: First Tuesday Q&A NI on 15/12/2023 In light of last month’s flooding across Northern Ireland, and the fact that December often brings more extreme weather conditions, it is important to consider what may happen when weather conditions make it difficult for employees to travel to work. Employees: must go to work unless they’re sick ...
This article is listed under the following topics:
Policies and Procedures