First Tuesday Q&A

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

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 ...
This article is listed under the following topics:
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...
This article is listed under the following topics:
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...
This article is listed under the following topics:
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 ...

Where you have a female operations / production manager who has requested part-time working (compressed hours) of 4 days a week instead of 5 due to family-related reasons (new baby). Are we at risk if the sole basis for refusing the request is that there is a daily (Monday - Friday) management requirement?

Posted in: First Tuesday Q&A NI on 04/12/2012 The risk of refusing such a request is that a Tribunal may decide you are indirectly discriminating against that female employee by applying a provision, criterion or practice (PCP) to her role which would put female employees at a particular disadvantage compared with male employees, unless the PC...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave

Is it usual for an employee on a phased return after a critical illness to be paid only for the hours worked? In addition, should the employee be asked to use their untaken holidays to bridge over the gap in salary? Would this not contravene Working Time Regulations?

Posted in: First Tuesday Q&A NI on 04/12/2012 An employer must always firstly consider the contractual provisions which apply to the employee in these circumstances, as the employment contract or handbook may contain provisions about phased return. The recent case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Mrs Bagley (2012) consid...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Pay and Conditions of Employment

Does an employee have the right to place themselves on 'disability related leave' if they believe the appropriate 'reasonable adjustments' have not been made?

Posted in: First Tuesday Q&A NI on 04/12/2012 There is no statutory term or right to “disability related leave”. However, situations can arise where an employee may argue that they are on sick leave because their employer has not made an appropriate reasonable adjustment. In the case of Olenloa v North West London Hospitals NHS Trust (June 201...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave