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First Tuesday Q&A

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

What happens to employee benefits during long-term sickness?

Posted in: First Tuesday Q&A NI on 02/04/2019 An employee's contract of employment may contain express provisions entitling them to be paid, and to receive contractual benefits, during any periods of sickness absence. If there are express contractual terms, these terms should comprise: the duration of any entitlement to sick pay; the rate at...
This article is listed under the following topics:
Sickness and Absence Pay and Conditions of Employment

Does HR have to be involved in Probation Meetings?

Posted in: First Tuesday Q&A NI on 02/04/2019 The purpose of a probationary period is to provide a suitable amount of time for an employer to assess an employee's suitability for their designated role. The length of a probation period will likely depend on the nature and seniority of the role, but a period of 3 – 6 months is commonplace. It is...
This article is listed under the following topics:
Probation

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

How will Brexit affect Cross Border Employees?

Posted in: First Tuesday Q&A NI on 02/04/2019 Brexit has triggered massive uncertainty for employers, particularly those in NI due to continued ambiguity surrounding the border with the Republic of Ireland. It is estimated around 23,000-30,000 employees travel between the North and South of Ireland to work. This is possible due to the Common T...
This article is listed under the following topics:
HR Matters NI

Once an employee qualifies for SMP, what happens to her entitlement if she ceases to work for the employer either before or during her period of maternity leave?

Posted in: First Tuesday Q&A NI on 05/03/2019 To recap, an employee qualifies for statutory maternity pay (“SMP”) if she has: been employed by her employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of childbirth (“EWC”); become pregnant and has reached, or gi...
This article is listed under the following topics:
Pay and Conditions of Employment

Does an employee who has received a payment in lieu of notice also have to receive payment for holidays that they would have accrued had they worked their notice period?

Posted in: First Tuesday Q&A NI on 05/03/2019 Employers who do not need and/or wish employees to work their notice period can make a payment in lieu of notice (“PILON”). An employer will usually include a PILON clause in its employment contracts to ensure it has the option to terminate an employee’s employment at any time. However, in the abse...
This article is listed under the following topics:
Contracts of Employment

An employee is on long-term sickness absence and has exhausted their entitlement to statutory sick pay, what payment should they receive in respect of their notice period if they are dismissed?

Posted in: First Tuesday Q&A NI on 05/03/2019 There is a statutory minimum period of notice that must be given to bring a contract of employment to an end, except where one of the parties is entitled to terminate without notice due to gross-misconduct, for example. The contract of employment can specify a longer period of notice but, where the...
This article is listed under the following topics:
Sickness and Absence

We have an employee who was employed under a fixed term contract for 6 months which was renewed for a further three months. The post is now being made permanent. Can we automatically offer it to this employee or do we need to advertise externally?

Posted in: First Tuesday Q&A NI on 05/03/2019 Employees engaged under fixed term contracts have certain rights from the outset of their employment, as contained within the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 (“FTER 2002”); for example, the right not to be treated less favourably th...
This article is listed under the following topics:
Contracts of Employment

How should employers deal with SARs that relate to disciplinary and grievance procedures?

Posted in: First Tuesday Q&A NI on 05/02/2019 Subject access requests (‘SARs’) are dealt with under Article 15 of the GDPR which permits data subjects to find out if their personal data is being processed; and, if so, to obtain personal data via a SAR. However, difficulties can arise for employers when data requested contains other employees’ ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Data Protection and Freedom of Information Act

Can an employer refuse to pay an employee who is suspended pending investigation if they breach a term of their suspension?

Posted in: First Tuesday Q&A NI on 05/02/2019 Suspension is a protective measure often utilised by employers when investigating misconduct if the employer believes that the employee’s presence at the workplace could impede an investigation. As suspension is a protective measure rather than a punishment, employers should continue to pay a suspe...
This article is listed under the following topics:
Disciplinary and Grievance Issues Pay and Conditions of Employment