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First Tuesday Q and A

We’ve found 412 results

Features

What are the consequences for an employer who does not let an employee bring a companion to a disciplinary or grievance hearing?

Posted in: First Tuesday Q&A NI on 03/07/2018 All individuals engaged under a contract of employment, agency workers and home workers have a statutory right under Article 12 of the Employment Relations (Northern Ireland) Order 1999, to be accompanied to a disciplinary or grievance meeting. The accompanying individual may be a colleague, trade ...
Features

Does an employer have to allow paid or other leave when an employee suffers a family bereavement?

Posted in: First Tuesday Q&A NI on 03/07/2018 There is no specific statutory right to paid or other time off for a family bereavement, save in the limited circumstances where “emergency leave” applies. However, an employer may have a bereavement policy or compassionate leave policy in place which covers situations where an employee loses a clo...
This article is listed under the following topics:
Sickness and Absence Policies and Procedures
Features

Is a female employee entitled to be on statutory maternity leave while her partner is also on shared parental leave?

Posted in: First Tuesday Q&A NI on 03/07/2018 The aim of shared parental leave is to enable both parents (or the mother’s partner) to have time off after their child is born without actually increasing the overall amount of leave that may be taken. To be eligible for shared parental leave, the mother must: Have employee status; Be continuousl...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Policies and Procedures
Features

Is it unlawful to pay a term-time worker rolled-up holiday pay?

Posted in: First Tuesday Q&A NI on 03/07/2018 Rolled-up holiday pay is when an employer does not pay the employee holiday pay while they are on holiday, but instead makes an additional payment during the weeks that the employee works. This represents the pay due in respect of the holiday periods. In relation to term time workers, employers wil...
This article is listed under the following topics:
Working Time and Leave
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