First Tuesday Q&A

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

What is the National Living Wage and how does it apply? Are there any penalties for failing to comply?

Posted in: First Tuesday Q&A NI on 03/05/2016 From 1 April 2016, the new National Living Wage (“NLW”) has come into force for workers aged 25 and over. It will affect employees, most workers and agency workers, casual labourers, agricultural workers and apprentices who are aged 25 and over and who have completed their first year of apprentices...
This article is listed under the following topics:
Pay and Conditions of Employment

Does the full disciplinary procedure need to be exhausted within a probation period i.e. verbal, written etc.?

Posted in: First Tuesday Q&A NI on 03/05/2016 Employers usually want flexibility to dismiss an employee without giving prior warnings during his/her probationary period. The employee is likely not to have qualified for ordinary unfair dismissal rights in any case as probationary periods are usually 3-6 months, whereas the unfair dismissal qual...
This article is listed under the following topics:
Disciplinary and Grievance Issues Probation

 If an employee has been called to a disciplinary meeting, can he/she bring a tribunal representative or solicitor with them to this meeting?

Posted in: First Tuesday Q&A NI on 03/05/2016 Employees have a right to be accompanied at a disciplinary hearing by a trade union representative or a fellow worker. There is no general right under UK law for an employee to have a qualified legal representative at a disciplinary hearing, however, some employees (for example, NHS hospital doctor...
This article is listed under the following topics:
Disciplinary and Grievance Issues

Can probation extend beyond 12 months?

Posted in: First Tuesday Q&A NI on 05/04/2016 A probationary period will be found in most contracts of employment. Broadly, they are an initial trial period during which an employer will assess the suitability of an employee for their positon. They will generally be set for an initial period defined in the contract and the terms of each probat...
This article is listed under the following topics:
Contracts of Employment Probation

Can we enforce a contractual retirement age?

Posted in: First Tuesday Q&A NI on 05/04/2016 Compulsory retirement of employees may potentially amount to unlawful age discrimination. Whether the contractual retirement age in question here can be enforced will depend on whether you are able to objectively justify it as a "proportionate means of achieving a legitimate aim". This will require...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment Policies and Procedures

How should we manage an employee who has been absent from work three times on a medium to long term basis?  The employee has not communicated a reason for absence but we suspect it is due to poor mental health and a possible risk to himself.

Posted in: First Tuesday Q&A NI on 05/04/2016 As a starting point, you should always refer to any sickness absence procedure you have in place. This should be contained in the employment contract or the Company Handbook. It is important that the employee’s absence is dealt with in accordance with the applicable procedure. We strongly recommend...
This article is listed under the following topics:
Sickness and Absence

Can you insist that an employee takes holiday during their notice period if your company policies do not provide for this?

Posted in: First Tuesday Q&A NI on 05/04/2016 Employers will often seek to require an employee who is serving out their notice period to take any unused statutory holiday. Under the Working Time Regulations (Northern Ireland) 2016 (the “Regulations”), employers can require a worker to take leave on specified dates (which includes a period of n...

By law is an employee entitled to paid time off for doctors/ dentist appointments?

Posted in: First Tuesday Q&A NI on 01/03/2016 No, there is no statutory right to time off for medical or dental appointments, except in relation to antenatal appointments. How an employer deals with such requests is at their discretion and governed by the express or implied terms of the contract of employment. The employee is not at work and, ...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment

What happens to employee(s) in the situation where a business sells one of its stores to a franchisee? Does the employee(s) of the business affected (i.e. the employee(s) who work in the store sold to the franchisee) transfer to the franchisee company?

Posted in: First Tuesday Q&A NI on 01/03/2016 The TUPE Regulations may apply to this situation if the relevant criteria for there being a TUPE transfer are met (namely, whether there is a transfer of an economic entity which retains its identity post-transfer). In many cases the sale of a business to a franchisee for TUPE purposes will be no d...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)

What happens to the balance of an employee's accrued annual leave when he or she transfers in a TUPE situation?

Posted in: First Tuesday Q&A NI on 01/03/2016 The balance of a transferring employee's annual leave entitlement for the annual leave year transfers to the new employer under TUPE. The transferor does not have to pay the employee for accrued but untaken holiday at the date of transfer. The transferee must allow the employee to take the balance ...
This article is listed under the following topics:
Transfer Regulations (TUPE) Working Time and Leave