First Tuesday Q&A

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

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

We have a number of staff carrying over a lot of annual leave. Can we insist on the annual leave being taken within the year or do we have to allow them to carry the leave? Over the years the taking of annual leave within the year has never been enforced.

Posted in: First Tuesday Q&A NI on 04/09/2012 Under the Working Time legislation in the UK, an employee is entitled to a minimum of 5.6 weeks’ holiday a year. A worker must take 4 weeks of that holiday entitlement in the relevant holiday year or they will lose their entitlement to it. He or she should also use the additional 1.6 weeks’ holiday...
This article is listed under the following topics:
Working Time and Leave

Does a pregnant employee lose her entitlement to Statutory Maternity Pay if she is made redundant before she goes on maternity leave? What happens if the business has become insolvent? What happens if the employee was entitled to a contractual enhanced maternity payment?

Posted in: First Tuesday Q&A NI on 07/08/2012 If a woman has qualified for SMP from you then you are still liable to continue to pay SMP to her where she leaves your employ for whatever reason including redundancy. However if, after the baby is born, your employee or ex-employee starts work for another employer who did not employ her in the 15...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

Where an employee is leaving the organisation, is it possible for the employer to require him/her to take any outstanding annual leave during the notice period? Is it necessary to particularly express in the contract that the employee may be required to take annual leave during their notice period?

Posted in: First Tuesday Q&A NI on 03/07/2012 It can be a source of frustration to employers that, almost whatever the circumstances of termination of employment, the employee is entitled under the Working Time Regulations (WTR) to be paid in lieu of accrued, but untaken, holiday. It is the one exception to the overriding purpose of the WTR wh...
This article is listed under the following topics:
Working Time and Leave

Could you please set out any special conditions or issues in relation to seasonal workers’ terms and conditions of employment?

Posted in: First Tuesday Q&A NI on 01/05/2012 A seasonal or fixed-term employee will have the same legal entitlements as permanent employees, but their continuity of service will usually be broken at the end of each season/contract period. This means that the seasonal employee may not have a long enough continuous service for certain employmen...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave A-Typical Working