First Tuesday Q&A

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

Am I required to reimburse an employee where the employee has submitted his expense claim outside of the deadline in the expenses policy?

Posted in: First Tuesday Q&A NI on 05/09/2017 Article 59(2)(b) of the Employment Rights (Northern Ireland) Order 1996 (“1996 Order”), excludes “any payment in respect of expenses incurred by the worker in carrying out his employment” from the definition of wages. As such, the prohibition on an employer making a deduction from an employee’s wag...
This article is listed under the following topics:
Policies and Procedures Pay and Conditions of Employment

Is an employee legally entitled to paid time off for doctors/dentist appointments?

Posted in: First Tuesday Q&A NI on 06/06/2017 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:
Sickness and Absence Pay and Conditions of Employment

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 03/04/2017 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:
Working Time and Leave Pay and Conditions of Employment

If a part-time employee works on an hourly basis (not fixed hours, but approximately the same number of hours per week) and they request to be paid in lieu of their annual leave, can we lawfully do so?

Posted in: First Tuesday Q&A NI on 03/04/2017 Under the Working Time Regulations (Northern Ireland) 2016, workers are entitled to four weeks’ annual leave in each leave year and, while leave may be taken in instalments, it may not be replaced by a payment in lieu except where the worker’s employment is terminated. The European Court of Justice...
This article is listed under the following topics:
Working Time and Leave A-Typical Working Pay and Conditions of Employment

For new employees joining a company, can we wait until their probationary period of 6-months has been completed before auto-enrolling them in the pension scheme?

Posted in: First Tuesday Q&A NI on 07/03/2017 Employers can postpone auto-enrolment for a period of up to 3 months to delay the enrolment of a new probationary employee. The maximum deferment is 3 months, and so it will not cover the whole of any extended probationary period. A new employee must therefore be auto-enrolled after the deferred pe...
This article is listed under the following topics:
Pensions Probation Pay and Conditions of Employment

An employee who works with us handed in her resignation two weeks ago and proceeded to work her required notice period and is currently still in employment. This employee has now reneged and has requested to withdraw her resignation. Does the employer have an obligation to fulfil the employee’s request?

Posted in: First Tuesday Q&A NI on 06/09/2016 The starting position here is that, once notice has been given (whether orally or in writing), it cannot be unilaterally withdrawn. In order for the resignation to be withdrawn, both parties need to consent to the withdrawal. However, employers should exercise particular caution where an employee h...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

What are the implications of Brexit for Northern Ireland’s employers?

Posted in: First Tuesday Q&A NI on 02/08/2016 What does Brexit mean for the status of our employment laws? The extent to which our employment laws will be affected will be largely dependent upon the economic relationship /trade arrangement to be agreed between the UK and the remaining 27 member states of the EU. It is likely, however, that th...

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 05/07/2016 There is no statutory right to time off (paid or otherwise) on any bank or public holiday. Under the Working Time Regulations (Northern Ireland) 2016, 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:
Working Time and Leave A-Typical Working Pay and Conditions of Employment

What are the legal implications for workers who normally work only during the day but may be required to do an infrequent night shift?

Posted in: First Tuesday Q&A NI on 05/07/2016 It is important at the outset to consider the relevant wording regarding working hours contained in your contracts of employment. Where a worker does not have to work at night under their contract, you will usually need the worker’s agreement to change his or her hours as this will normally be a va...

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 03/05/2016 There is no statutory right to time off (paid or otherwise) on any bank or public holiday. Under the Working Time Regulations (Northern Ireland) 2016, 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:
Working Time and Leave Pay and Conditions of Employment