First Tuesday Q&A

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

An employee with a disabled child has submitted a request for flexible working. Can the employer refuse this application? 

Posted in: First Tuesday Q&A NI on 05/09/2017 The Employment Rights (Northern Ireland) Order 1996 (“1996 Order”) establishes a statutory right for all employees who have been employed for a continuous period of 26 weeks to request flexible working hours. An employee may only make a single request in every 12 month period. Importantly, this is ...
This article is listed under the following topics:
Discrimination and Equality A-Typical Working

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

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...

As an employer we are keen to offer volunteering opportunities and/or internships to individuals who would like to gain experience or an insight into the work that we do. However, how do we ensure that they do not become classified as a ‘worker’? Is there any guidance to assess when the line of being a worker is crossed?

Posted in: First Tuesday Q&A NI on 02/12/2014 There is no legal definition of either a “volunteer” or “intern” and there is no specific legislation that deals with the relationship between an employer and an intern/volunteer. There is also no specific guidance on assessing the status of each and so, the usual employment law principles apply i....
This article is listed under the following topics:
A-Typical Working Recruitment and Selection

What is the correct statutory definition of the words “Employer” and “Employee” and why are they important in employment law?

Posted in: First Tuesday Q&A NI on 05/08/2014 The words ‘Employee’ and ‘Employer’ are not regularly defined in Northern Irish employment legislation. However a few pieces of legislation do provide the statutory definition of both terms. As per the Industrial Tribunals (NI) Order 1996, the Employment Rights (Northern Ireland) Order 1996 and the...
This article is listed under the following topics:
Contracts of Employment A-Typical Working

Are agency workers entitled to Paternity Leave/Pay?

Posted in: First Tuesday Q&A NI on 01/10/2013 In short, no. To qualify for statutory paternity leave and pay, the individual must be an employee as set out in the Paternity and Adoption Leave Regulations (Northern Ireland) 2002. An employee is defined in the Regulations as “an individual who has entered into or works under (or, where the emplo...
This article is listed under the following topics:
Working Time and Leave A-Typical Working

If a disabled agency worker requires an adjustment (e.g. a specific type of chair), who is responsible for providing it, agency or hirer?

Posted in: First Tuesday Q&A NI on 08/01/2013 The Disability Discrimination Act extends to those working under “a contract of service or of apprenticeship or a contract personally to do any work”. It also renders it unlawful for a “principal”, in relation to “contract work” to discriminate against a person who is a “disabled contract worker”. ...
This article is listed under the following topics:
Discrimination and Equality A-Typical Working

We employ seasonal ‘summer’ workers. If we employ them for successive summers are they covered by unfair dismissal legislation/expectation of summer work under custom and practice?

Posted in: First Tuesday Q&A NI on 07/08/2012 In order to have unfair dismissal rights, the seasonal 'summer' worker must qualify as an employee AND also be able to prove one year of continuous employment. As regards the expectation of summer work under custom and practice, employers should be aware of the GB Employment Appeal Tribunal case of...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment A-Typical Working Recruitment and Selection