First Tuesday Q&A

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

A number of staff members have requested parental leave during exam-time; is parental leave applicable to the parents of sixth formers? 

Posted in: First Tuesday Q&A NI on 06/06/2016 Although the pupils in question would fall within this age bracket, it is important to consider the purpose of the leave being sought. Parental leave should be used only for the purpose of caring for a child. The issue, therefore, is whether leave during exam-time could be considered "caring for a ...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures

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 03/05/2016 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 Pay and Conditions of Employment

By law is an employee entitled to paid time off for doctors/ dentist appointments?

Posted in: First Tuesday Q&A NI on 01/03/2016 No, there is no statutory right to time off for medical or dental appointments, except in relation to antenatal appointments. How an employer deals with such requests is at their discretion and governed by the express or implied terms of the contract of employment. The employee is not at work and, ...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment

What happens to the balance of an employee's accrued annual leave when he or she transfers in a TUPE situation?

Posted in: First Tuesday Q&A NI on 01/03/2016 The balance of a transferring employee's annual leave entitlement for the annual leave year transfers to the new employer under TUPE. The transferor does not have to pay the employee for accrued but untaken holiday at the date of transfer. The transferee must allow the employee to take the balance ...
This article is listed under the following topics:
Transfer Regulations (TUPE) Working Time and Leave

We have an employee out on maternity leave and her contract states she is entitled to a performance related bonus. Should this be awarded on a pro rata basis given that she has been on maternity leave for a significant period of the year or is her leave deemed to be 'protected' because she is on maternity leave and therefore entitled to the full bonus payment?

Posted in: First Tuesday Q&A NI on 02/02/2016 In general, a contractual bonus cannot be withheld by an employer unless the criteria set out from the outset in relation to being awarded a bonus have not been met. Once the employee has satisfied the criteria, the employee is entitled to payment of the bonus and it subsequently forms part of his/...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave Pay and Conditions of Employment

My query relates to whether an employer is 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 02/02/2016 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 Pay and Conditions of Employment

If an employee is employed by an ROI company but based in N.I. under whose employment law jurisdiction do they fall for paternity leave for example? Alternatively, if the employee is employed in NI but works in ROI, which level of national minimum wage (NMW) would apply, for example?

Posted in: First Tuesday Q&A NI on 06/10/2015 The question of the governing law applicable to a particular employment relationship depends on a number of factors.Usually, a contract of employment will contain an express governing law clause which states the applicable law. However, even where a contract of employment includes an express govern...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment

Must an employee on suspension while a disciplinary investigation is carried out remain available for work, or can they take a holiday during this period?

Posted in: First Tuesday Q&A NI on 02/09/2015 During a period of suspension, the employee, while not required to attend work, should remain available to assist in the disciplinary investigation, attend investigation or disciplinary meetings, or deal with any work-related questions. Further, if the suspension is lifted earlier than anticipated,...
This article is listed under the following topics:
Disciplinary and Grievance Issues Working Time and Leave

Is it possible to include a clause in employment contracts that allows the employer the possibility to ask the employee to use their accrued annual leave during his/her notice period?

Posted in: First Tuesday Q&A NI on 05/08/2015 Yes, such a provision can be advantageous for employers in that it avoids the need to make a payment for unused leave on termination and it can also be a useful mechanism for putting some distance between the employer and employee at what can be a sensitive time. However, it is important that emplo...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

I have a query in relation to an employee of the Muslim faith who uses the staff canteen to pray during working hours. The canteen space is limited and this activity is now causing difficulty for other staff who may have a scheduled break at the same time. What is the responsibility of the employer to accommodate staff who wish to practice their faith during work hours?

Posted in: First Tuesday Q&A NI on 07/07/2015 It is as unlawful to discriminate against a person for holding a particular (or any) religious or philosophical belief, as it is to discriminate against someone for not holding a religious or philosophical belief. Employers should adopt good practice measures to ensure that such persons are not put...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave