First Tuesday Q&A

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

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

When an employee resigns, what does an employer have to pay in respect of holiday pay and benefits? How are these payments affected in circumstances where the employee does not work their notice period?

Posted in: First Tuesday Q&A NI on 04/02/2014 When an employee resigns what they are entitled to receive will largely depend on what is contained in their contract of employment, and further, to what extent both parties have been willing to adhere to the agreed terms. With holiday payments, in the event of any termination the employee will be ...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Pay and Conditions of Employment

Payment of performance based bonuses - How do we stand for those employees off on maternity leave during the year ? Also can we pro-rata an employee off on sick leave?

Posted in: First Tuesday Q&A NI on 05/02/2013 A performance related bonus can measure “performance” in many different ways, for example, on the employer’s performance as a whole, the individual’s/team’s performance against certain criteria or on the employee’s attendance record.(a) Maternity Where a contractual bonus is paid in recognition of ...

Is it usual for an employee on a phased return after a critical illness to be paid only for the hours worked? In addition, should the employee be asked to use their untaken holidays to bridge over the gap in salary? Would this not contravene Working Time Regulations?

Posted in: First Tuesday Q&A NI on 04/12/2012 An employer must always firstly consider the contractual provisions which apply to the employee in these circumstances, as the employment contract or handbook may contain provisions about phased return. The recent case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Mrs Bagley (2012) consid...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Pay and Conditions of Employment

Is it correct that an employee can return to work on a phased return and still claim SSP? For example, they return to work Monday to Wednesday and claim SSP for Thursday to Sunday?

Posted in: First Tuesday Q&A NI on 03/07/2012 Phased return to work is a common way for employees who have been on long term sick leave to return to the workplace. However, in reality this can present some remuneration issues. The HM Revenue & Customs rules are as follows: Where an employee is on a phased return to work, they should be pa...
This article is listed under the following topics:
Sickness and Absence Pay and Conditions of Employment

An employee has been receiving an additional payment from 2003 to date for additional duties/responsibilities. We have withdrawn this from 31st December 2011 as it does not meet Policy/Procedures. The question is: may an allowance be withdrawn without any negotiations/discussions?

Posted in: First Tuesday Q&A NI on 07/02/2012 The first question the employer should ask is whether this additional payment forms part of the employee’s terms and conditions of employment. If it does, and subject to what is said in the relevant Policy/Procedures and/or contractual documentation relating to this additional payment (and why it i...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures Pay and Conditions 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

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