First Tuesday Q&A

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

Can annual leave be taken during furlough?

Posted in: First Tuesday Q&A NI on 05/05/2020 The Coronavirus Job Retention Scheme (“CJRS”) guidance, as updated on 17 April 2020, confirms that workers can take annual leave during furlough. However, annual leave taken during furlough leave should be paid at the worker’s “normal” rate of remuneration i.e. not the reduced 80% rate under the CJ...
This article is listed under the following topics:
Working Time and Leave Coronavirus/Covid-19

If a part-time employee changes their days of work but remains on part-time hours, does this change their holiday entitlement?

Posted in: First Tuesday Q&A NI on 07/01/2020 An employee who works part-time is still entitled to 5.6 weeks’ annual leave, the same as the entitlement for a full time employee. Unfortunately “week’s leave” is not defined in the Working Time Regulations (Northern Ireland) 2016. Nevertheless, the established position is that a week's leave mean...
This article is listed under the following topics:
Working Time and Leave

What is the timeframe for exercising a right to paternity leave? What if paternity leave cannot be taken within the timeframe?

Posted in: First Tuesday Q&A NI on 01/10/2019 The statutory entitlement of one or two consecutive weeks’ leave (known as ordinary paternity leave) must be taken between the date on which the child is born or placed with the adopter and 56 days after that date. However, if the child is born before the first day of the expected week of its birth...
This article is listed under the following topics:
Working Time and Leave

Can an employer insist on an employee using holiday entitlement during their notice period when on garden leave?

Posted in: First Tuesday Q&A NI on 01/10/2019 The employment contract continues to subsist during any period of garden leave. Therefore, the employer must continue to: Perform all the terms of the contract. Pay salary at the normal time. Provide all other contractual benefits, such as medical and pension benefits and company car. Allow the em...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

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 and Leave Policies and Procedures

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

Does the “use it or lose it” principle still apply to annual leave?

Posted in: First Tuesday Q&A NI on 02/07/2019 Annual leave is governed by the Working Time Regulations (Northern Ireland) 2016 (“WTR (NI)”). Under these regulations (which implement the Working Time Directive (“WTD”)), an employee in is entitled to a minimum of 5.6 weeks annual leave. The legislation differentiates between the WTD entitlement ...
This article is listed under the following topics:
Working Time and Leave

Does an employer have to offer time off in lieu (“TOIL”)?

Posted in: First Tuesday Q&A NI on 02/04/2019 As a starting point, there is no statutory obligation to pay an employee for working above their contracted hours (i.e. overtime), provided that an employee’s average pay meets the national minimum wage or the national living wage in accordance with the National Minimum Wage Act 1998. Please note t...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Pay and Conditions of Employment

Provide guidance for employers on how to deal with an employee who is requesting time off for cosmetic or elective surgery.

Posted in: First Tuesday Q&A NI on 05/02/2019 This can be a tricky situation for employers, as it may be unclear whether the employee’s time off should be treated as sickness absence or a period of annual leave. Employers may find that an employee will prefer to take annual leave if the employer does not offer company sick pay. On the other ha...

If an employee takes ill during a period of unpaid leave, are they still entitled to receive SSP?

Posted in: First Tuesday Q&A NI on 05/02/2019 An employee may become ill during a period of unpaid leave, be that a career break or sabbatical. In order to be eligible for statutory sick pay (‘SSP’) an employee must meet the following eligibility criteria: be an employee; be too ill to undertake any work under his contract of employment on an...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Pay and Conditions of Employment