First Tuesday Q&A

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

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...

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

Are employers obliged to pay holiday pay even when it has not been accrued, for example in the case of a new employee who takes a week off before they have accrued sufficient holiday entitlement to cover the full week?

Posted in: First Tuesday Q&A NI on 05/07/2016 Holiday entitlement for new employees is a common cause of confusion for many employers. The law on this issue is governed primarily by the Working Time Regulations (Northern Ireland) 2016. Employers are permitted, under these Regulations, to adopt an accrual system in order to calculate how much h...
This article is listed under the following topics:
Working Time and Leave

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...

UK employees are entitled to 28 days annual leave (5.6 weeks leave). If an employee is off sick for all or part of the year, should they carry over the 28 day equivalent or the 28 days under the Working Time Directive?

Posted in: First Tuesday Q&A NI on 06/06/2016 In Northern Ireland, the Directive is implemented domestically by the Working Time Regulations 2016 (the “Regulations”), which provide workers with the right to take 5.6 weeks' paid holiday in each leave year. One important aspect to note about the Regulations in this context is that they provide t...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave