First Tuesday Q&A

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

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

Is an employer under any obligation to provide a reference for a former employee upon their request?

Posted in: First Tuesday Q&A NI on 03/09/2019 Generally, an employer is under no duty to provide a reference to a former employee. However, an employee’s contract may state that the employer will provide them with a reference upon request. In such circumstances, the employer would have an express obligation to provide the former employee with ...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Recruitment and Selection

Should our company produce a Modern Slavery Statement?

Posted in: First Tuesday Q&A NI on 03/09/2019 The purpose of a Modern Slavery Statement is to set out what steps a company has taken to prevent modern slavery and human trafficking in its business and supply chains. This area of law is governed by section 54 of the Modern Slavery Act 2015 (the “MSA"). Section 54 of the MSA requires a commercia...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures

Can an employee lawfully waive their right to notice?

Posted in: First Tuesday Q&A NI on 02/07/2019 Article 118(3) of the ERO 1996 provides the statutory basis for waiving the right to receive notice (by either party). However, it is prudent for any such waiver to be carefully documented to safeguard the employer against any future disputes as to whether consent was freely given. It is also prude...
This article is listed under the following topics:
Policies and Procedures Pay

What are lawful deductions from wages that will not breach the NMW?

Posted in: First Tuesday Q&A NI on 02/07/2019 The general rule is that it is unlawful for an employer to make a deduction from an employee’s wages. However, this rule is subject to two main exceptions which are set out in Article 45 of the Employment Rights (Northern Ireland) Order 1996 (“ERO 1996”), namely: 1. Deduction(s) will be considered ...
This article is listed under the following topics:
Policies and Procedures Pay

Contacting bereaved employees – how do I handle it?

Posted in: First Tuesday Q&A NI on 04/06/2019 Firstly, an employer is not obligated to grant compassionate leave in the event of a bereavement, except in the limited circumstances outlined in the statutory right to time off for dependents under Article 85A of the Employment Rights (NI) Order 1996. Nevertheless, many employers will provide...
This article is listed under the following topics:
Absence and Sickness Contracts of Employment Policies and Procedures

An employee failed to attend a disciplinary hearing with no reason provided - What should I do?

Posted in: First Tuesday Q&A NI on 07/05/2019 When dealing with an employee who has failed to attend a disciplinary hearing, employers should adhere to the LRA Code of Practice on Disciplinary and Grievance Procedures. As a preliminary point, the employee should have been provided with appropriate advance notice of the hearing, along with copi...
This article is listed under the following topics:
Discipline and Grievance Policies and Procedures