First Tuesday Q&A

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

An employee who works with us handed in her resignation two weeks ago and proceeded to work her required notice period and is currently still in employment. This employee has now reneged and has requested to withdraw her resignation. Does the employer have an obligation to fulfil the employee’s request?

Posted in: First Tuesday Q&A NI on 06/09/2016 The starting position here is that, once notice has been given (whether orally or in writing), it cannot be unilaterally withdrawn. In order for the resignation to be withdrawn, both parties need to consent to the withdrawal. However, employers should exercise particular caution where an employee h...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

I work in an organisation which requires all male employees to wear a tie when attending business meetings and conferences on behalf of the company. One of our managers refuses to wear a tie. How should we deal with this?

Posted in: First Tuesday Q&A NI on 06/09/2016 Dress codes can be a difficult issue for employers, as evidenced by the recent media coverage surrounding the case of a woman who was reportedly sent home from her job as a receptionist for refusing to comply with a dress code requiring her to wear two to four inch heels. It is not clear whether yo...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures

What are the implications of Brexit for Northern Ireland’s employers?

Posted in: First Tuesday Q&A NI on 02/08/2016 What does Brexit mean for the status of our employment laws? The extent to which our employment laws will be affected will be largely dependent upon the economic relationship /trade arrangement to be agreed between the UK and the remaining 27 member states of the EU. It is likely, however, that th...

How does a business deal with public holidays if they don't open for business on Monday? Are employees entitled to be compensated for Public Holidays that fall on Mondays or any other days on which an employer doesn’t open, or is an employee to be compensated if s/he is not contracted to work, even if the employer is open?

Posted in: First Tuesday Q&A NI on 05/07/2016 There is no statutory right to time off (paid or otherwise) on any bank or public holiday. Under the Working Time Regulations (Northern Ireland) 2016, workers are entitled to 28 days’ annual leave entitlement per year (inclusive of the usual public holidays in Northern Ireland). As long as your emp...
This article is listed under the following topics:
Working Time and Leave A-Typical Working Pay and Conditions of Employment

Are employers obliged to pay holiday pay even when it has not been accrued, for example in the case of a new employee who takes a week off before they have accrued sufficient holiday entitlement to cover the full week?

Posted in: First Tuesday Q&A NI on 05/07/2016 Holiday entitlement for new employees is a common cause of confusion for many employers. The law on this issue is governed primarily by the Working Time Regulations (Northern Ireland) 2016. Employers are permitted, under these Regulations, to adopt an accrual system in order to calculate how much h...
This article is listed under the following topics:
Working Time and Leave

Please provide some guidelines on current retirement legislation as regards employment contracts

Posted in: First Tuesday Q&A NI on 05/07/2016 The law on retirement has changed considerably in recent years. Although compulsory retirement clauses were once common features in contracts of employment, their current use is rare following the abolition of the default retirement age. Compulsory retirement is now also potentially unlawful age di...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment Policies and Procedures

What are the legal implications for workers who normally work only during the day but may be required to do an infrequent night shift?

Posted in: First Tuesday Q&A NI on 05/07/2016 It is important at the outset to consider the relevant wording regarding working hours contained in your contracts of employment. Where a worker does not have to work at night under their contract, you will usually need the worker’s agreement to change his or her hours as this will normally be a va...

Do variation clauses in a contract of employment give an employer a unilateral right to make reasonable changes that go to the root of the employment terms, e.g. relocation and redundancy terms?

Posted in: First Tuesday Q&A NI on 06/06/2016 If there is an express provision for the employer to change certain terms within the employment contract, it is likely that the employer would be permitted to change a particular term provided that the employer does not act in an arbitrary or unreasonable manner. Even where an express provision exi...
This article is listed under the following topics:
Contracts of Employment

Could you explain when ‘modified disciplinary procedures’ can be applied?

Posted in: First Tuesday Q&A NI on 06/06/2016 However, it is recognised that there may be some limited instances where, although an employer has dismissed an employee immediately without a meeting, a tribunal will, very exceptionally, find the dismissal to be fair. To allow for these cases, there is a statutory modified procedure that must be ...
This article is listed under the following topics:
Disciplinary and Grievance Issues

UK employees are entitled to 28 days annual leave (5.6 weeks leave). If an employee is off sick for all or part of the year, should they carry over the 28 day equivalent or the 28 days under the Working Time Directive?

Posted in: First Tuesday Q&A NI on 06/06/2016 In Northern Ireland, the Directive is implemented domestically by the Working Time Regulations 2016 (the “Regulations”), which provide workers with the right to take 5.6 weeks' paid holiday in each leave year. One important aspect to note about the Regulations in this context is that they provide t...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave