First Tuesday Q&A

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

What are the key enabling clauses in a Zero Hours Contract?

Posted in: First Tuesday Q&A NI on 04/10/2011 A Zero Hours Contract is a contract under which there is no guarantee that the employer will offer any work, nor that the individual will accept any work that is offered. The key enabling clause that must be included in any Zero Hours Contract is one setting out the contract’s status as a zero hour...
This article is listed under the following topics:
Contracts of Employment

Can a part-time employee paid NMW be required to undertake a necessary qualification and be required to pay for it, even though his wages would then fall below the NMW?

Posted in: First Tuesday Q&A NI on 02/08/2011 Firstly, any such deductions from pay must either be agreed in advance with the employee or must be set out in his/her contract of employment. In respect of NMW, certain sums must be deducted from total gross pay in order to reach NMW pay. These sums should be included when calculating a worker’s h...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

As we have to pay redundancy for employees whose term exceeds 2 years, are we able to avoid this cost – can we issue contracts for just under 2 years? If contracts are issued purely to avoid the redundancy legislation, would they automatically become unlawful?

Posted in: First Tuesday Q&A NI on 02/08/2011 Employees with a least two years' continuous employment are entitled to a statutory redundancy payment if they are dismissed by reason of redundancy. The amount of statutory redundancy pay to which an employee is entitled depends on his or her age, length of service and weekly pay (up to a maximum ...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

My question is how should an employer calculate a buy-out of existing terms & conditions of employment: Is it usually calculated on difference of annual salary between existing T&Cs and new T&Cs x number of years' service or is this calculation at the discretion of the company?

Posted in: First Tuesday Q&A NI on 02/08/2011 Unfortunately, there is no one-size-fits-all formula in such circumstances as much depends on the terms being changed, the reason for the proposed change(s) (for example if the proposals are to avoid redundancies, the changes may be seen by staff as the lesser of two evils), the bargaining position...
This article is listed under the following topics:
Contracts of Employment Collective and Trade Union Issues

Are employers obliged to issue contracts, employee handbooks or company policies to non-Nationals in languages understandable to them?

Posted in: First Tuesday Q&A NI on 05/07/2011 There is no legislation specifically setting out an employer’s statutory duty to issue contracts, handbooks and policies to an employee in their native language. However, not doing so may put you at risk of potential discrimination claims. An employer should find out when recruiting an employee wha...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures Recruitment and Selection

Is it unlawful to not pay at least the National Minimum Wage to interns? I cannot see them in the list of excluded categories but they are taken on to learn (OK, by doing work experience) and get their foot in the door of their chosen career rather than to do anything absolutely essential. But am I in breach of the NMW regulations if I do not pay anything but expenses?

Posted in: First Tuesday Q&A NI on 07/06/2011 Generally speaking an intern is not entitled to the National Minimum Wage (NMW), however, the intern may attract the NMW if he/she is be classified as a worker. This is a fine line that employer’s should be cautious of. In the GB Tribunal case of Vetta v London Dreams Motion Pictures Ltd, it transp...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

What are we exposed to if we impose pay cuts without seeking an express agreement?

Posted in: First Tuesday Q&A NI on 03/05/2011 Any such change will amount to a variation of your employee’s terms and conditions of employment. Unless the contract of employment allows you to vary the terms then you must obtain the employee's consent to do this. Imposing the change without consent (express or implied) will be a breach of contr...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment Pay and Conditions of Employment

Under TUPE, can you:

  1. introduce a smart dress code to transferring staff?
  2. generally introduce your policies/procedures to transferring staff?

Posted in: First Tuesday Q&A NI on 05/04/2011 This question involves the permissibility of variations to the employment terms of transferring staff. In this case, this will depend upon whether the new employer (transferee) intends to amend the contractual provisions of incoming employees' employment contracts, or to simply set out a non-contra...
This article is listed under the following topics:
Contracts of Employment Transfer of Undertaking (TUPE) Policies and Procedures

If an employee requests to continue working beyond the normal retirement age of 65, can the employer refuse this request? If so, how can it be done without exposing the Company to a discrimination claim?

Posted in: First Tuesday Q&A NI on 05/04/2011 From your question, it sounds as though you have already kick started the retirement procedure and issued your employee with notice of his/her intended retirement date and his /her right to request working beyond 65. If so, and if this notice has been issued before tomorrow, 6 April 2011 and in acc...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment

We have recently discovered that we’ve been overpaying a number of our employees. What's the legal position? Can the Company get the money back from them?

Posted in: First Tuesday Q&A NI on 01/03/2011 If the employees are still working for you, the first and most obvious avenue to consider is recovering the overpayments from their earnings. Making deductions from employees’ wages is unlawful under the Employment Rights (NI) Order 1996 unless authorised by statute or the employee’s contract or wh...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment