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First Tuesday Q&A

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

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Does dismissal for absences due to post-natal depression arising after maternity leave amount to sex and/or pregnancy and maternity discrimination?

Posted in: First Tuesday Q&A NI on 05/08/2014 Under Article 5A of the Sex Discrimination (Northern Ireland) Order 1976, pregnancy discrimination occurs where an employer treats an employee unfavourably because of her pregnancy or because of an illness she has suffered as a result of her pregnancy during the “protected period” i.e. from the beg...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Discrimination and Equality Working Time and Leave

Is the statutory minimum 28 days' annual leave inclusive of public/bank holidays?

Posted in: First Tuesday Q&A NI on 01/07/2014 Under the Working Time Regulations (Northern Ireland) 1998 all employees are entitled to 5.6 weeks annual leave (equivalent to 28 days for those who work five days a week) in each leave year. The 28 days' annual leave includes any entitlement in Northern Ireland to up to 10 bank/public holidays. Ma...
This article is listed under the following topics:
Working Time and Leave

Please can you provide advice re paid paternity leave? We have received an application from a male, applying for paid leave following the birth of a child. The employee advises the mother is now in a civil partnership relationship with another female. As the mother is in a civil relationship, does the mother’s civil partner count as 'the other parent' of the child for the purposes of paid paternity leave? Or perhaps the father and the civil partner are both entitled to receive paternity pay if they will both have an interest in caring for the baby?

Posted in: First Tuesday Q&A NI on 01/04/2014 Some employers have their own paternity leave and pay arrangements in place which are more generous than the statutory minimum requirements. In the absence of these provisions, however, to qualify for Ordinary Paternity Leave in Northern Ireland, the employee who is claiming must be either: the bi...
This article is listed under the following topics:
Working Time and Leave

What is the requirement around calculating sick pay for part time employees?

Posted in: First Tuesday Q&A NI on 04/03/2014 The Part Time Workers Regulations came into force on 1 July 2000. They are designed to ensure that part-time workers are not treated less favourably than comparable full-time workers. In terms of key points to note about these regulations: They apply to men as well as women. There is no qualifying...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave

When an employee resigns, what does an employer have to pay in respect of holiday pay and benefits? How are these payments affected in circumstances where the employee does not work their notice period?

Posted in: First Tuesday Q&A NI on 04/02/2014 When an employee resigns what they are entitled to receive will largely depend on what is contained in their contract of employment, and further, to what extent both parties have been willing to adhere to the agreed terms. With holiday payments, in the event of any termination the employee will be ...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Pay and Conditions of Employment

What are the legal requirements for lunch breaks? Is an employee allowed to work a shortened lunch break, i.e. 30 mins rather than 1 hour, in order to leave 30 minutes early?

Posted in: First Tuesday Q&A NI on 04/02/2014 Under the Working Time Regulations (Northern Ireland) 1998 (“WTR”) adult workers are entitled to a rest break of 20 minutes if the working day is more than six hours. Furthermore, the WTR stipulate that adult workers are entitled to 11 hours’ uninterrupted rest per day and 24 hours’ uninterrupted r...
This article is listed under the following topics:
Working Time and Leave

When an employee resigns, does an employer have to pay holiday pay/termination payments based on salary plus extras such as car allowance and mortgage allowance?

Posted in: First Tuesday Q&A NI on 03/12/2013 This depends on the wording in the employee’s contract of employment. Generally it is the case that when an employee resigns the employee will be paid his/her normal salary and contractual benefits up to the date of termination of employment. If the employee has accrued any untaken holiday leave at...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

A female employee works for one employer and her husband works for another. In the event the female employee falls pregnant can the mother and the father transfer parental leave between them?

Posted in: First Tuesday Q&A NI on 05/11/2013 In Northern Ireland each parent is entitled to take up to 18 weeks’ unpaid parental leave for each child under the age of 5 (or each child under the age of 18 where the child is registered as disabled). These provisions apply in addition to the parents’ rights to receive maternity and/or paternity ...
This article is listed under the following topics:
Working Time and Leave

In the past we topped up maternity benefit (to the level of normal pay) for staff on maternity leave. However, due to financial constraints we have informed staff that we will not be doing this in the future. A staff member’s representative has written to us stating that this is in contravention of the Equality Act in England and Wales on the grounds that this cost saving measure disproportionately impacts on staff members due to family status. Is this true?

Posted in: First Tuesday Q&A NI on 05/11/2013 Making any changes to maternity pay has the potential to give rise to claims for discrimination on grounds of sex or pregnancy. Assuming matters relate to the jurisdiction of England and Wales (as opposed to Northern Ireland), however, the employer should seek to address the following questions:-Is...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment Working Time and Leave

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