First Tuesday Q&A

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

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

An employee’s partner has fallen pregnant, is the partner entitled to shared parental leave?

Posted in: First Tuesday Q&A NI on 04/07/2017 The Work and Families (Northern Ireland) Act 2015 provides for shared parental leave (SPL) in Northern Ireland. An employee who is an expectant father or partner may voluntarily share the leave entitlement between himself or herself, and the mother of the child. Under the Shared Parental Leave Regu...
This article is listed under the following topics:
Working Time and Leave

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 03/04/2017 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:
Working Time and Leave Pay and Conditions of Employment

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

Can we enforce a policy that annual leave must be taken within the leave year and not allow any carry forward of holidays?

Posted in: First Tuesday Q&A NI on 07/03/2017 Statutory leave under the Working Time Regulations (Northern Ireland) 2016 may only be taken in the leave year in respect of which it is due. There is therefore no right under the WTR for an employee to carry forward untaken holiday from one leave year to the next and no right for an employer to de...
This article is listed under the following topics:
Working Time and Leave

Are employers required to credit an employee for Bank/Public Holidays on top of their annual leave allowance while on maternity leave?

Posted in: First Tuesday Q&A NI on 03/01/2017 Calculating annual leave entitlement in cases of maternity leave can cause considerable difficulties for employers. As a starting point, employers should always check their contracts of employment, together with any policies dealing with annual leave and/ or maternity. Do they state that employees ...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave

How much parental leave is an employee entitled to annually?

Posted in: First Tuesday Q&A NI on 03/01/2017 From 5 April 2015, an employee is entitled to 18 weeks’ unpaid parental leave for each child and adopted child, up to their 18th birthday. The limit on how much parental leave each parent can take in a year is 4 weeks for each child (unless the employer agrees otherwise). Furthermore, an employee m...
This article is listed under the following topics:
Working Time and Leave

How do I calculate annual leave entitlement for an employee working 9am - 5.30pm Monday to Friday with a 30-minute lunch break and 9am to 1pm on Saturday with no break? I realise the Working Time Regulations recognise a maximum 5 day week, but in this instance, the working days are not all the same length, therefore the leave must be calculated in hours, so do I include Saturday hours?

Posted in: First Tuesday Q&A NI on 04/10/2016 In the first instance, you should check the employee’s contract of employment. The contract of employment should stipulate either the amount of leave an employee is to receive or whether or not leave is to be calculated by hours or days worked per week. If an employee works, for example, 41.5 hours...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

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...