First Tuesday Q and A

We’ve found 388 results

Features

Does an employee accrue leave if they resign whilst on maternity leave?

Posted in: First Tuesday Q&A NI on 05/06/2018 An employee should resign in the normal way, in line with the notice period stated in their employment contract. If you resign during your maternity leave, you do not have to go to work during your notice period, you can remain on maternity leave. Maternity pay lasts for 39 weeks but maternity leav...
Features

How should we obtain an employee’s medical data post-GDPR?

Posted in: First Tuesday Q&A NI on 05/06/2018 There are various reasons why an employer will wish to obtain a medical report on an employee in the context of the employment relationship. For example, recording sickness absence, determining if the employee is entitled to permanent health insurance and for health and safety purposes. Under the G...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Policies and Procedures
Features

Is holiday still owed if an employee falls sick whilst on annual leave?

Posted in: First Tuesday Q&A NI on 05/06/2018 In Anged v Fasga [2012] IRLR 779, the ECJ held that a worker who becomes unfit for work whilst on annual leave has the right, under the Working Time Directive, at his request, to take a period of time off as annual leave at a later time after he has recovered. The period of leave to be rescheduled ...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Policies and Procedures
Features

What are the risks of national minimum wage (NMW) claims from sleepover staff?

Posted in: First Tuesday Q&A NI on 05/06/2018 The NMW is the specified minimum hourly rate of pay to which most workers are entitled. All employers are obliged to pay the NMW, irrespective of their size. First and foremost, timing is the first factor that should be taken into account as NMW claims can be brought as unlawful deductions from wag...
Features

What are the implications of checking a candidate’s social media profile under the GDPR?

Posted in: First Tuesday Q&A NI on 01/05/2018 Social media screening prior to employment is common place and can be a valuable tool for employers. The difficulty for employers arises when they have to distinguish between information that is helpful in making employment decisions and information that is not but reveals the candidate’s personal ...
Features

What would be deemed a manifestly unfounded or excessive SAR under the GDPR?

Posted in: First Tuesday Q&A NI on 01/05/2018 Under the GDPR, a SAR must be complied with free of charge except in circumstances where the request is manifestly unfounded or excessive. However, there is minimal guidance in the Data Protection Bill 2017 as to what types of request would be deemed excessive or unfounded. It is likely that repeat...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
Features

How should we deal with a disabled employee who has frequent short-term absences?

Posted in: First Tuesday Q&A NI on 01/05/2018 Where absences are due to an employee’s disability, an employer will have to tread very carefully to avoid a claim of disability discrimination under The Disability Discrimination Act 1995. However, we appreciate that frequent absences can be very disruptive to an employer. As a practical step, an ...
Features

Please provide guidance for employers regarding career breaks

Posted in: First Tuesday Q&A NI on 01/05/2018 A career break is a term used to define a long period of unpaid leave during which the employment contract remains intact. However, sometimes employers will request that employees going on a career break resign and then re-apply for their job, if available, when they are ready to return to work. Th...
Features

Can HR challenge the individual’s assertion that it is a whistleblowing complaint at the point the complaint is made or can the complaint be dismissed where we think the complainant is acting in bad faith or may even be lying?

Posted in: First Tuesday Q&A NI on 03/04/2018 A whistle-blowing complaint is essentially a disclosure about an employer’s malpractice or any type of wrong-doing that the employee believes is genuinely in the public interest. The following types of malpractice are covered: criminal offences; failure to comply with a legal obligation; miscarria...
This article is listed under the following topics:
Unfair Dismissal Whistleblowing (Protected Disclosures)
Features

Please set out key requirements and things that might catch an employer out in relation to maternity leave and maternity rights before and after leave has been taken. 

Posted in: First Tuesday Q&A NI on 03/04/2018 Maternity rights - before leave is taken Right to time off for ante-natal care All pregnant employees, regardless of length of service, are entitled to a reasonable time off work for antenatal care. This time off must be paid at the normal remuneration rate. Employers should be aware that ante-nata...
This article is listed under the following topics:
Discrimination and Equality Pay and Conditions of Employment