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 employee take pre-booked holidays whilst suspended?

Posted in: First Tuesday Q&A NI on 02/10/2018 A period of suspension should not change the normal position with regard to holiday and this should be clearly stated in the employee’s contract of employment or in the staff handbook. Therefore, provided that the annual leave was booked and approved in line with the employer’s holiday procedure, a...

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 it unlawful to pay a term-time worker rolled-up holiday pay?

Posted in: First Tuesday Q&A NI on 03/07/2018 Rolled-up holiday pay is when an employer does not pay the employee holiday pay while they are on holiday, but instead makes an additional payment during the weeks that the employee works. This represents the pay due in respect of the holiday periods. In relation to term time workers, employers wil...
This article is listed under the following topics:
Working Time and Leave

Does an employee accrue leave if they resign whilst on maternity leave?

Posted in: First Tuesday Q&A NI on 05/06/2018 An employee should resign in the normal way, in line with the notice period stated in their employment contract. If you resign during your maternity leave, you do not have to go to work during your notice period, you can remain on maternity leave. Maternity pay lasts for 39 weeks but maternity leav...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Pay and Conditions of Employment

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

What are the risks of national minimum wage (NMW) claims from sleepover staff?

Posted in: First Tuesday Q&A NI on 05/06/2018 The NMW is the specified minimum hourly rate of pay to which most workers are entitled. All employers are obliged to pay the NMW, irrespective of their size. First and foremost, timing is the first factor that should be taken into account as NMW claims can be brought as unlawful deductions from wag...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Pay and Conditions of Employment

Please provide guidance for employers regarding career breaks

Posted in: First Tuesday Q&A NI on 01/05/2018 A career break is a term used to define a long period of unpaid leave during which the employment contract remains intact. However, sometimes employers will request that employees going on a career break resign and then re-apply for their job, if available, when they are ready to return to work. Th...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Policies and Procedures

Can zero hour staff be paid in lieu of untaken holidays? How can we ensure that zero hour staff take their holiday entitlement?

Posted in: First Tuesday Q&A NI on 06/02/2018 It is not sufficient to pay staff on zero hour contracts in lieu of their holidays. Payment in lieu of accrued but unused holidays can only be made upon termination of employment. The fundamental basis of zero hour contracts is the absence of mutuality of obligation. Therefore, the employer is und...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Pay and Conditions of Employment

Does an employee have the right to carry forward unused annual leave into the following leave year?

Posted in: First Tuesday Q&A NI on 04/07/2017 A leave year is normally specified in an employment contract or an agreement relating to the employment, however, if no such agreement or contract exists the leave year will begin on the date the employee started their employment. The Working Time Regulations (Northern Ireland) 2016 (the “Regulatio...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave