× Hello, this site is currently undergoing improvements. We apologise for any inconvenience.

First Tuesday Q&A

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

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

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

Can a consultant be asked to enter into a restraint of trade clause?

Posted in: First Tuesday Q&A NI on 07/10/2014 Yes, a consultant can be asked to enter into restraint of trade provisions. Essentially, the request raises two issues:Enforceability In essence, where a consultant and client will be on a more even footing than an employer and employee, the courts are less likely to consider such clauses as an unl...
This article is listed under the following topics:
Contracts of Employment

Can an employer recoup maternity pay if an employee does not return for 6 month’s work after the maternity leave ends?

Posted in: First Tuesday Q&A NI on 07/10/2014 The answer depends on whether the employee is paid contractual maternity pay over and above the statutory minimum entitlement. You cannot recoup any statutory maternity pay if the employee has not returned. If you offer a contractual rate of maternity pay over the statutory minimum rate, then, in p...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Policies and Procedures

Is there anything that can be done to make the employer change from a zero hour contract to a minimum hours' contract?

Posted in: First Tuesday Q&A NI on 02/09/2014 The use of zero hours contracts has been well publicised recently in the media with commentators and politicians warning about the exploitation of staff on such contracts which give no guarantees of shifts or work patterns. A zero hours contract is one under which the employer is not obliged to pro...
This article is listed under the following topics:
Contracts of Employment

What is the correct statutory definition of the words “Employer” and “Employee” and why are they important in employment law?

Posted in: First Tuesday Q&A NI on 05/08/2014 The words ‘Employee’ and ‘Employer’ are not regularly defined in Northern Irish employment legislation. However a few pieces of legislation do provide the statutory definition of both terms. As per the Industrial Tribunals (NI) Order 1996, the Employment Rights (Northern Ireland) Order 1996 and the...
This article is listed under the following topics:
Contracts of Employment A-Typical Working

What is the date of termination of an employment if an employee is (a) put on garden leave and (b) paid in lieu of their notice period? Is an employee entitled to receive all benefits he/she would have been entitled to if they continued working if that employee is paid in lieu of notice or is it acceptable to limit the pay in lieu of notice to basic pay only i.e. excluding bonus, commission or pension contributions or benefits in kind?

Posted in: First Tuesday Q&A NI on 05/08/2014 When an employer decides it wishes an employee to leave it often wants them to stop working immediately. In this case it has two options: the employer can either summarily terminate the employment and make a payment in lieu of notice (PILON), or it can place the employee on garden leave. The right ...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

At what point can an employer justify “frustration of contract”?

Posted in: First Tuesday Q&A NI on 01/07/2014 A contract of employment may come to an end when an unforeseen event makes performance of the contract impossible or radically different from what the parties originally intended. The contract is then said to have been “frustrated”. When a contract is frustrated it ends automatically by operation o...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment

Are fixed term employees entitled to statutory redundancy pay if the fixed term contract is over 2 years in duration? 

Posted in: First Tuesday Q&A NI on 03/06/2014 Yes, a fixed-term employee will be entitled to a statutory redundancy payment if they have at least two years' service and the reason for the non-renewal or termination of their contract is redundancy. The non-renewal of a fixed term contract will, in the majority of cases, be for redundancy reason...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment