First Tuesday Q&A

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

What Issues Should an Employer Consider if an Employee Takes a Second Job?

Posted in: First Tuesday Q&A NI on 01/11/2022 During the cost of living crisis, it is likely employees may ask to take on a second job to manage their finances. There are issues when it comes to having multiple jobs surrounding wellbeing and health and safety concerns for employees. Wellbeing - Financial worries will impact on employees mental...
This article is listed under the following topics:
Contracts of Employment Working Time Policies and Procedures

Cosmetic Surgery v Medical Surgery – What Are An Employee’s Rights?

Posted in: First Tuesday Q&A NI on 06/09/2022 There is no requirement to refer to cosmetic surgery within a company's sickness policy or staff handbook, so it is for the employer to decide whether to include it at its own discretion. However, there are benefits for employers providing clarity on how they will deal with time off for cosmetic su...
This article is listed under the following topics:
Absence and Sickness Policies and Procedures

First Tuesday Q and A: Probationary Periods and Disciplinary Action

Posted in: First Tuesday Q&A NI on 06/06/2022 1)Can an employee get a disciplinary sanction during their probationary as well as a probationary extension? Where an employee is failing to meet the employer's expectations, guidance should be given on the standards of performance and/or behaviour the employee needs to achieve. Where considered ne...
This article is listed under the following topics:
Dismissal Discipline and Grievance Policies and Procedures Probation

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

If an employee sends work-related documents to their solicitor, would this breach their confidentiality obligations?

Posted in: First Tuesday Q&A NI on 03/05/2022 If an employee sends work-related documents to their solicitor, would this breach their workplace confidentiality obligations? This will heavily depend on what the employee’s confidentiality obligations are and what is stipulated in their contract. It may also depend on the content of the work-rela...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures

What does the term “fire and rehire” mean?

Posted in: First Tuesday Q&A NI on 05/04/2022 The term “fire and rehire” is usually used to describe the practice where an employee’s contract of employment is terminated before that same employee is immediately re-employed by the same employer on new terms and conditions of employment. There has been calls for introducing new legislative prot...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures

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

Where an Employee Resigns Before Disciplinary Proceedings Have Finished, Are They Entitled to Receive a Copy of the Outcome?

Posted in: First Tuesday Q&A NI on 02/11/2021 The LRA Code of Practice should be the starting point for employers when dealing with disciplinary and grievance situations. The Code itself is silent as to whether it applies after termination of employment. An employer’s failure to follow the Code does not, in itself, result in liability. However...
This article is listed under the following topics:
Discipline and Grievance Policies and Procedures

What factors do employers need to consider in relation to testing employees for Covid-19?

Posted in: First Tuesday Q&A NI on 02/06/2020 The below answer is for guidance purposes only and specific legal advice should be sought if your organisation is considering implementing Covid-19 testing. There are various factors for employers to consider in relation to making employees take a Covid-19 test, for example: Data protection implic...

Do we need to pay employees for time spent on rest breaks?

Posted in: First Tuesday Q&A NI on 03/09/2019 Regulation 14 of the Working Time Regulations (Northern Ireland) 2016 (“WTR”) provides that if a worker works for more than 6 hours a day then they are entitled to leave their workstation for the purposes of a rest break. This break lasts for a maximum of 20 minutes and workers are only entitled to...
This article is listed under the following topics:
Working Time Policies and Procedures