First Tuesday Q&A

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

If an employee refuses to sign minutes of meeting - then what should employer do as precaution?

Posted in: First Tuesday Q&A NI on 06/05/2015 The Labour Relations Agency’s (the “LRA”) Code of Practice on Disciplinary and Grievance Procedures (the “Code”) emphasises the need to keep written records, including formal minutes of meetings. However, the Code is silent on anything else as regards minutes, including what should be included or e...
This article is listed under the following topics:
Disciplinary and Grievance Issues

During a redundancy consultation process is an employer entitled to interview external candidates for a vacant position in addition to interviewing employees at risk of redundancy?

Posted in: First Tuesday Q&A NI on 06/05/2015 It would not normally be appropriate to consider external candidates for a vacancy during a redundancy exercise. There is nothing wrong with implementing a competitive interview process to choose between candidates (i.e. to match vacant roles with the potentially redundant employees) but to conside...
This article is listed under the following topics:
Redundancy and Reorganisation Recruitment & Selection

Our organisation currently issue staff with paper payslips, can we insist on emailing out all payslips in the future?

Posted in: First Tuesday Q&A NI on 08/04/2015 Under Article 40 of the Employment Rights (Northern Ireland) Order 1996, employees must be given a written itemised pay statement. The key conditions here are that the payslip must be ‘written’ and it must be ‘given’ to the employee. This means that the payslip must be written and also given to the...
This article is listed under the following topics:
Pay and Conditions of Employment

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

Posted in: First Tuesday Q&A NI on 08/04/2015 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:
Contracts of Employment Working Time and Leave Policies and Procedures

Can an employee give notice of resignation when on maternity leave?

Posted in: First Tuesday Q&A NI on 08/04/2015 Yes. The employee will be bound by the notice of termination provisions in her contract. As such, an employee who does not wish to return to work after her leave period must notify her employer in accordance with the notice provision specified in her contract of employment in the usual way. The emp...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

Under the new Shared Parental Leave Regulations if a woman is single but has a male friend who is gay or a grandfather who has said they will act as a father figure for the child but doesn’t live with the woman... is the friend or grandfather entitled to shared parental leave if the woman would like this? Is there a definition of ‘parental’ within the regulations?

Posted in: First Tuesday Q&A NI on 08/04/2015 The Shared Parental Leave Regulations (Northern Ireland) 2015 (the “Regulations”) do not define “parental”. Rather, the Regulations focus on the nature of the relationship with the expectant mother. The persons included are: * The father of the child; or * The person who, at the date of the child...
This article is listed under the following topics:
Working Time and Leave

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 03/03/2015 There is no statutory right to time off (paid or otherwise) on any bank or public holiday. Under the Working Time Regulations (Northern Ireland) 1998, 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:
Contracts of Employment Working Time and Leave

We have an employee currently on sick leave with back problems. She has recently posted photos on Facebook showing her socialising and dancing on a night out. These photos have been shared with some of her work colleagues on Facebook and we have been notified. Can we dismiss her for gross misconduct?

Posted in: First Tuesday Q&A NI on 03/02/2015 Ideally, if you have a sickness absence policy or contractual right requiring the employee to submit to medical examinations when requested, you should take steps to verify the employee's sickness in this way in the first instance. If there is no such policy or requirement, then you may nonetheless...
This article is listed under the following topics:
Sickness and Absence Disciplinary and Grievance Issues