First Tuesday Q&A

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

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starting position here is that, once notice has been given (whether orally or in writing), it cannot be unilaterally withdrawn. In order for the resignation to be withdrawn, both parties need to consent to the withdrawal.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

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