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First Tuesday Q&A

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

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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 ...
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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...
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Working Time and Leave A-Typical Working

I have employed a lady on a 9 month maternity contract. Shortly after she started with me she found out that she herself is now 11 weeks’ pregnant. Do I need to pay her statutory maternity pay (“SMP”)? Her 9 month contract started on 10 June 2013 and she is now 12 weeks pregnant. Her baby is due on 26 February 2014.

Posted in: First Tuesday Q&A NI on 03/09/2013 SMP is available to “a woman who is or has been an employee”. Therefore, provided the employee qualifies for SMP and has ceased work (whether, for example, by dismissal, resignation or taking maternity leave), she will be entitled to the full SMP entitlement from her employer / former employer. An ...
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Working Time and Leave

Our employees work a 40 hour week but also receive a set performance bonus each week if they meet set targets. Should their holiday pay be based on pay for 40 hours per week or should it also include the bonus?

Posted in: First Tuesday Q&A NI on 06/08/2013 Where employees have normal working hours (40 hours as in this case) but their pay varies according to the amount of work done, they are entitled to holiday pay based on their average pay during those normal working hours over the previous 12 working weeks. Where pay is related to output (to meetin...
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Working Time and Leave

Where an employee is on maternity leave and receives maternity pay, do employers have to pay full pay for 10 KIT days in advance? Is this paid alongside maternity pay?

Posted in: First Tuesday Q&A NI on 07/05/2013 By way of recap, a woman can work for up to 10 days for her employer, commonly referred to as keeping-in-touch days ("KIT days") without bringing her ordinary or additional maternity leave to an end. KIT days are different to the reasonable contact that employers may make with employees during mate...
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Working Time and Leave

We have an employee who is due to return to work from maternity leave. She will be returning to the same role, same duties, pay, etc. as before. The only one change that has occurred during her maternity leave is that of her work office. Prior to her maternity leave she had her own office. This office has now been assigned to one of her colleagues and we are planning on assigning her a different office, which she will be required to share with one/two other colleagues. Is there a risk that would be viewed as a change to less favourable terms and conditions of employment? There is a flexibility clause in her contract regarding work location.

Posted in: First Tuesday Q&A NI on 02/04/2013 The employee will generally be entitled to return to the "same job in which she was employed before her absence". What is meant by the "job in which she was employed before her absence" was considered by the EAT in Blundell v Governing Body of St Andrew's Catholic Primary School UKEAT/0329/06. The ...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

We are about to commence redundancy consultation with affected staff. What should we do about employees on maternity and sickness leave?

Posted in: First Tuesday Q&A NI on 05/03/2013 You should include employees who are absent (on sick or maternity leave) in the redundancy consultation as much as possible. They should be kept informed of the position, receiving the same information in writing as other employees, as well as being actively involved in the consultation process. Id...
This article is listed under the following topics:
Redundancy and Reorganisation Working Time and Leave

Payment of performance based bonuses - How do we stand for those employees off on maternity leave during the year ? Also can we pro-rata an employee off on sick leave?

Posted in: First Tuesday Q&A NI on 05/02/2013 A performance related bonus can measure “performance” in many different ways, for example, on the employer’s performance as a whole, the individual’s/team’s performance against certain criteria or on the employee’s attendance record.(a) Maternity Where a contractual bonus is paid in recognition of ...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Policies and Procedures Pay and Conditions of Employment