First Tuesday Q&A

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

Can an employer prevent annual leave accruing during sickness absence?

Posted in: First Tuesday Q&A NI on 02/10/2018 Employees are entitled to four weeks’ paid annual leave per leave year under Article 7 Working Time Directive (“basic annual leave”) and an additional 1.6 weeks under Article 16 of the Working Time Regulations (Northern Ireland) 2016 (“additional annual leave”). For full time workers this equates t...
This article is listed under the following topics:
Sickness and Absence Contracts of Employment Working Time and Leave

Can an employer contact an employee off on long-term sick leave?

Posted in: First Tuesday Q&A NI on 02/10/2018 It is important for employers to maintain appropriate levels of contact with an employee who is off on sick leave. However, the amount of contact will depend, amongst other things, on the employee’s role and the size of the employer’s business. An employer needs to try and strike the correct balanc...
This article is listed under the following topics:
Sickness and Absence Policies and Procedures

Does an employer have to pay an employee who is suspended?

Posted in: First Tuesday Q&A NI on 02/10/2018 Suspension usually takes place either: To enable an employer to investigate allegations of misconduct; or For medical or health and safety reasons. Therefore, suspension should be invoked as a protective measure and should not be utilised as a disciplinary sanction nor in a manner likely to resul...

Is there a maximum workplace temperature beyond which employees cannot be expected to work?

Posted in: First Tuesday Q&A NI on 07/08/2018 The recent spell of good weather has generated increased questions regarding temperatures in the workplace. Regulation 7 of the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993 provides that during work hours, the temperature in all workplaces inside buildings shall be re...
This article is listed under the following topics:
Sickness and Absence Health and Safety

Does an employer have to allow paid or other leave when an employee suffers a family bereavement?

Posted in: First Tuesday Q&A NI on 03/07/2018 There is no specific statutory right to paid or other time off for a family bereavement, save in the limited circumstances where “emergency leave” applies. However, an employer may have a bereavement policy or compassionate leave policy in place which covers situations where an employee loses a clo...
This article is listed under the following topics:
Sickness and Absence Policies and Procedures

Is a female employee entitled to be on statutory maternity leave while her partner is also on shared parental leave?

Posted in: First Tuesday Q&A NI on 03/07/2018 The aim of shared parental leave is to enable both parents (or the mother’s partner) to have time off after their child is born without actually increasing the overall amount of leave that may be taken. To be eligible for shared parental leave, the mother must: Have employee status; Be continuousl...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Policies and Procedures

Is holiday still owed if an employee falls sick whilst on annual leave?

Posted in: First Tuesday Q&A NI on 05/06/2018 In Anged v Fasga [2012] IRLR 779, the ECJ held that a worker who becomes unfit for work whilst on annual leave has the right, under the Working Time Directive, at his request, to take a period of time off as annual leave at a later time after he has recovered. The period of leave to be rescheduled ...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Policies and Procedures

How should we deal with a disabled employee who has frequent short-term absences?

Posted in: First Tuesday Q&A NI on 01/05/2018 Where absences are due to an employee’s disability, an employer will have to tread very carefully to avoid a claim of disability discrimination under The Disability Discrimination Act 1995. However, we appreciate that frequent absences can be very disruptive to an employer. As a practical step, an ...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality Policies and Procedures

Can an employer contact an employee whilst they are signed-off sick by a doctor?

Posted in: First Tuesday Q&A NI on 07/11/2017 Employers are able to maintain a reasonable amount of contact with an employee who is off on sick leave. This is generally considered best practice for an employer. This contact can be used to obtain regular updates on the employee's recovery and prognosis, and to keep the employee up to date with ...
This article is listed under the following topics:
Sickness and Absence

Can an employer dismiss an employee while on long-term sickness?

Posted in: First Tuesday Q&A NI on 07/11/2017 Before considering dismissing an employee while on long-term sickness, an employer must have addressed other options. Employers should generally have obtained medical evidence in relation to the employee’s particular condition, for example, via occupational health. A key consideration for the emplo...
This article is listed under the following topics:
Sickness and Absence