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First Tuesday Q and A

We’ve found 416 results

Features

How long can an employee be absent from work due to sickness before being dismissed?

Posted in: First Tuesday Q&A NI on 06/06/2017 There is no specific 'safe' date or formula which applies, it will all depend on the circumstances of each individual case. It is not how the long the absence was or is, rather what steps the employer has taken to deal with the situation that will determine when it is fair for an employer to dismis...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence
Features

If a medical report recommends some kind of flexible working and the employer claims they cannot provide it - what are the consequences?

Posted in: First Tuesday Q&A NI on 06/06/2017 The main considerations here are whether the employee suffers from a disability and whether the employer is under a duty to make a reasonable adjustment for the employee, such as offering some kind of flexible working. The employee will have a disability if he or she has a physical or mental impair...
This article is listed under the following topics:
Sickness and Absence Policies and Procedures
Features

What is the current position in relation to disability absences being taken into account by an employer for disciplinary action?

Posted in: First Tuesday Q&A NI on 02/05/2017 Disciplinary action against an employee for absences that are a consequence of a disability could constitute discrimination arising from disability under the Disability Discrimination Act 1995. If persistent or long-term absence affects the employee’s ability to carry out the job, you should addres...
Features

What is the liability in relation to the termination of an employment contract during a probationary period?

Posted in: First Tuesday Q&A NI on 02/05/2017 In terms of liabilities for statutory employment claims, unfair dismissal generally isn’t likely to be a risk because the employee won’t have accrued the one year’s service necessary to bring such a claim (assuming the probationary period is for less than this period). However, employers should be ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment Probation
Features

An employee has asked for their spouse to be their companion at a disciplinary hearing. Do I have to allow the spouse to attend?

Posted in: First Tuesday Q&A NI on 02/05/2017 You should first check your disciplinary policy to see what it says about who may accompany an employee to a disciplinary hearing. If an employee is required or invited to attend a disciplinary (or grievance hearing), and makes a reasonable request to be accompanied, that employee has the right to ...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

One of my employees has alleged that their line manager is sexually harassing them. How should employers approach this issue?

Posted in: First Tuesday Q&A NI on 02/05/2017 Whilst it would be important to seek specific legal advice in respect of this matter, there are a number of general principles which should be considered. The first priority is to establish the facts, regardless of whether you have a harassment policy. You should appoint a suitable person, who is n...
This article is listed under the following topics:
Disciplinary and Grievance Issues Discrimination and Equality
Features

What amount of time do we need to allow to pass following a TUPE transfer to change the terms and conditions of transferred employees?

Posted in: First Tuesday Q&A NI on 03/04/2017 Whether or not an employer can change terms and conditions following a TUPE transfer depends on the reason for the change. Any attempt to vary the transferring employees' terms and conditions of employment, whenever it takes place, will be void where the sole or principal reason for the variation i...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

Can I pay an employee her statutory maternity pay in one lump sum? Do I need her consent?

Posted in: First Tuesday Q&A NI on 03/04/2017 Employers may, on occasion, be faced with the issue of whether to pay an employee her statutory maternity pay (SMP) in a lump sum. This might be where, for instance, the employee is leaving employment or where she is being made redundant but has already qualified for statutory maternity pay. Employ...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Features

We have an employee that suffers from age-related macular degeneration. Their performance at work has suffered since their diagnosis and it has now reached the point where they are not doing their job properly. Can we dismiss them?

Posted in: First Tuesday Q&A NI on 03/04/2017 This is a highly litigious issue and so specific legal advice should be obtained before taking any further steps in respect of the employee in question. By way of general guidance, however, it should be noted that, as well as showing that capability was the reason for dismissal, employers will also...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Discrimination and Equality
Features

If a part-time employee works on an hourly basis (not fixed hours, but approximately the same number of hours per week) and they request to be paid in lieu of their annual leave, can we lawfully do so?

Posted in: First Tuesday Q&A NI on 03/04/2017 Under the Working Time Regulations (Northern Ireland) 2016, workers are entitled to four weeks’ annual leave in each leave year and, while leave may be taken in instalments, it may not be replaced by a payment in lieu except where the worker’s employment is terminated. The European Court of Justice...