First Tuesday Q&A

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

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

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 01/03/2016 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:
Pay and Conditions of Employment

Which employers are required to publish a slavery and human trafficking statement?

Posted in: First Tuesday Q&A NI on 02/02/2016 The Modern Slavery Act 2015 (MSA) which recently came into force in the UK is the first of its kind in Europe, and one of the first globally, to specifically combat issues of slavery and human trafficking. Commercial organisations now have a key role to play in addressing these issues, and so it is...
This article is listed under the following topics:
Human Rights Pay and Conditions of Employment

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

Posted in: First Tuesday Q&A NI on 02/02/2016 This a very common question from clients. 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 so...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)

We have an employee out on maternity leave and her contract states she is entitled to a performance related bonus. Should this be awarded on a pro rata basis given that she has been on maternity leave for a significant period of the year or is her leave deemed to be 'protected' because she is on maternity leave and therefore entitled to the full bonus payment?

Posted in: First Tuesday Q&A NI on 02/02/2016 In general, a contractual bonus cannot be withheld by an employer unless the criteria set out from the outset in relation to being awarded a bonus have not been met. Once the employee has satisfied the criteria, the employee is entitled to payment of the bonus and it subsequently forms part of his/...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave Pay and Conditions of Employment

If you have a member of staff leave the company but then re-joins a few months later on a new contract of employment, does the company need to go through a full induction process with them again e.g. Health & Safety, Office Regulations, Data Protection and other company Procedures and Policies as if they never had worked for the company previously?

Posted in: First Tuesday Q&A NI on 02/02/2016 As a general rule, it is important that all companies, large or small, should have a well-considered induction programme to provide employees with all the information they need before starting the job. The induction programme should reflect the complexity of the job in question and help employees ...

My query relates to whether an employer is required to credit an employee for Bank/Public Holidays on top of their annual leave allowance while on maternity leave?

Posted in: First Tuesday Q&A NI on 02/02/2016 Calculating annual leave entitlement in cases of maternity leave can cause considerable difficulties for employers. As a starting point, employers should always check their contracts of employment, together with any policies dealing with annual leave and/ or maternity. Do they state that employees ...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave Pay and Conditions of Employment

In setting down a retirement age in a contract of employment, should you include the objective grounds for the retirement age in order to try to manage expectations or are you just tying your hands for the future? What would you advise?

Posted in: First Tuesday Q&A NI on 05/01/2016 Retirement clauses should only be used where the employer can objectively justify compulsory retirement of employees, and in fact are not even necessary in those situations, since termination on notice may be preferable to automatic termination.Although clauses such as this were fairly common in th...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality Contracts of Employment

Where an employee has taken voluntary redundancy, is the employer prevented from re-employing him or her in the future?

Posted in: First Tuesday Q&A NI on 05/01/2016 No, there is no restriction on an employer re-employing an employee who has taken voluntary redundancy. If the redundant employee is re-employed by the employer, he or she does not need to return any statutory redundancy payment, regardless of whether the offer of re-employment occurred immediately...
This article is listed under the following topics:
Redundancy and Reorganisation