First Tuesday Q&A

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

What is the National Living Wage and how does it apply? Are there any penalties for failing to comply?

Posted in: First Tuesday Q&A NI on 03/05/2016 From 1 April 2016, the new National Living Wage (“NLW”) has come into force for workers aged 25 and over. It will affect employees, most workers and agency workers, casual labourers, agricultural workers and apprentices who are aged 25 and over and who have completed their first year of apprentices...
This article is listed under the following topics:
Pay and Conditions of Employment

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

Posted in: First Tuesday Q&A NI on 01/03/2016 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:
Working Time and Leave 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 01/03/2016 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:
Pay and Conditions of Employment

Which employers are required to publish a slavery and human trafficking statement?

Posted in: First Tuesday Q&A NI on 02/02/2016 The Modern Slavery Act 2015 (MSA) which recently came into force in the UK is the first of its kind in Europe, and one of the first globally, to specifically combat issues of slavery and human trafficking. Commercial organisations now have a key role to play in addressing these issues, and so it is...
This article is listed under the following topics:
Human Rights Pay and Conditions of Employment

We have an employee out on maternity leave and her contract states she is entitled to a performance related bonus. Should this be awarded on a pro rata basis given that she has been on maternity leave for a significant period of the year or is her leave deemed to be 'protected' because she is on maternity leave and therefore entitled to the full bonus payment?

Posted in: First Tuesday Q&A NI on 02/02/2016 In general, a contractual bonus cannot be withheld by an employer unless the criteria set out from the outset in relation to being awarded a bonus have not been met. Once the employee has satisfied the criteria, the employee is entitled to payment of the bonus and it subsequently forms part of his/...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave Pay and Conditions of Employment

My query relates to whether an employer is required to credit an employee for Bank/Public Holidays on top of their annual leave allowance while on maternity leave?

Posted in: First Tuesday Q&A NI on 02/02/2016 Calculating annual leave entitlement in cases of maternity leave can cause considerable difficulties for employers. As a starting point, employers should always check their contracts of employment, together with any policies dealing with annual leave and/ or maternity. Do they state that employees ...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave Pay and Conditions of Employment

Please could you advise if there is a statutory provision relating to a change of payroll date in the context of a change in terms and conditions for TUPE (and other) staff. I am sure there is some form of exception for change in payroll date, but cannot find any relevant information on this.

Posted in: First Tuesday Q&A NI on 05/01/2016 The date on which staff are paid is usually a term of their contract. For example: "Your [basic] salary is £[AMOUNT] per year which shall accrue from day to day and be payable [monthly] in arrears on or about the [DATE] of each month directly into your bank or building society account."Technically,...
This article is listed under the following topics:
Transfer of Undertaking (TUPE) Pay and Conditions of Employment

If an employee is employed by an ROI company but based in N.I. under whose employment law jurisdiction do they fall for paternity leave for example? Alternatively, if the employee is employed in NI but works in ROI, which level of national minimum wage (NMW) would apply, for example?

Posted in: First Tuesday Q&A NI on 06/10/2015 The question of the governing law applicable to a particular employment relationship depends on a number of factors.Usually, a contract of employment will contain an express governing law clause which states the applicable law. However, even where a contract of employment includes an express govern...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment

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

Can overpayments made to employees in their salary be deducted from employees’ future salary payments by the employer?

Posted in: First Tuesday Q&A NI on 03/06/2014 Most contracts of employment include a deduction from wages clause which covers this scenario, expressly stating that an employer can claw back any such overpayments. Notwithstanding this, the general rule that employers cannot make deductions from wages unless it is permitted by a contractual prov...
This article is listed under the following topics:
Pay and Conditions of Employment