First Tuesday Q&A

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

Is a female employee entitled to be on statutory maternity leave while her partner is also on shared parental leave?

Posted in: First Tuesday Q&A NI on 03/07/2018 The aim of shared parental leave is to enable both parents (or the mother’s partner) to have time off after their child is born without actually increasing the overall amount of leave that may be taken. To be eligible for shared parental leave, the mother must: Have employee status; Be continuousl...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Policies and Procedures

Is it unlawful to pay a term-time worker rolled-up holiday pay?

Posted in: First Tuesday Q&A NI on 03/07/2018 Rolled-up holiday pay is when an employer does not pay the employee holiday pay while they are on holiday, but instead makes an additional payment during the weeks that the employee works. This represents the pay due in respect of the holiday periods. In relation to term time workers, employers wil...
This article is listed under the following topics:
Working Time and Leave

Does an employee accrue leave if they resign whilst on maternity leave?

Posted in: First Tuesday Q&A NI on 05/06/2018 An employee should resign in the normal way, in line with the notice period stated in their employment contract. If you resign during your maternity leave, you do not have to go to work during your notice period, you can remain on maternity leave. Maternity pay lasts for 39 weeks but maternity leav...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Pay and Conditions of Employment

How should we obtain an employee’s medical data post-GDPR?

Posted in: First Tuesday Q&A NI on 05/06/2018 There are various reasons why an employer will wish to obtain a medical report on an employee in the context of the employment relationship. For example, recording sickness absence, determining if the employee is entitled to permanent health insurance and for health and safety purposes. Under the G...
This article is listed under the following topics:
Data Protection and Freedom of Information Act Policies and Procedures

Is holiday still owed if an employee falls sick whilst on annual leave?

Posted in: First Tuesday Q&A NI on 05/06/2018 In Anged v Fasga [2012] IRLR 779, the ECJ held that a worker who becomes unfit for work whilst on annual leave has the right, under the Working Time Directive, at his request, to take a period of time off as annual leave at a later time after he has recovered. The period of leave to be rescheduled ...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Policies and Procedures

What are the risks of national minimum wage (NMW) claims from sleepover staff?

Posted in: First Tuesday Q&A NI on 05/06/2018 The NMW is the specified minimum hourly rate of pay to which most workers are entitled. All employers are obliged to pay the NMW, irrespective of their size. First and foremost, timing is the first factor that should be taken into account as NMW claims can be brought as unlawful deductions from wag...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Pay and Conditions of Employment

What are the implications of checking a candidate’s social media profile under the GDPR?

Posted in: First Tuesday Q&A NI on 01/05/2018 Social media screening prior to employment is common place and can be a valuable tool for employers. The difficulty for employers arises when they have to distinguish between information that is helpful in making employment decisions and information that is not but reveals the candidate’s personal ...

What would be deemed a manifestly unfounded or excessive SAR under the GDPR?

Posted in: First Tuesday Q&A NI on 01/05/2018 Under the GDPR, a SAR must be complied with free of charge except in circumstances where the request is manifestly unfounded or excessive. However, there is minimal guidance in the Data Protection Bill 2017 as to what types of request would be deemed excessive or unfounded. It is likely that repeat...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

How should we deal with a disabled employee who has frequent short-term absences?

Posted in: First Tuesday Q&A NI on 01/05/2018 Where absences are due to an employee’s disability, an employer will have to tread very carefully to avoid a claim of disability discrimination under The Disability Discrimination Act 1995. However, we appreciate that frequent absences can be very disruptive to an employer. As a practical step, an ...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality Policies and Procedures

Please provide guidance for employers regarding career breaks

Posted in: First Tuesday Q&A NI on 01/05/2018 A career break is a term used to define a long period of unpaid leave during which the employment contract remains intact. However, sometimes employers will request that employees going on a career break resign and then re-apply for their job, if available, when they are ready to return to work. Th...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Policies and Procedures