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Holidays and final pay
Employers must pay their employees for statutory holidays (contractual holidays may differ) that have been built up but not taken at the time they leave their employment.
Calculation of Holiday entitlement for Term Time/Part year Workers
The Supreme Court decision handed down in the case of Harpur Trust v Brazel on 20th July 2022 has now provided clarity on how statutory leave entitlement for workers who are described as part year workers (i.e. workers who work for varying hours during only certain weeks of the year but have a continuing contract throughout that year), should be calculated.
Labour Relations Agency Tees Off Event on Hiring Seasonal Staff
Employers in the Causeway Coast and Glens area, who plan to hire seasonal staff during the 148th British Open golf tournament, are invited to attend a free event jointly hosted by the Labour Relations Agency (LRA) and local Council.
No 163 The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Amendment) Regulations (Northern Ireland) 2011
These Regulations amend the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“the TUPE Regulations”), insofar as those Regulations apply to Northern Ireland, to take account of changes made by the Employment Act (Northern Ireland) 2011 (c. 13 (N.I.)).
EARLY CONCILIATION COMING TO NI 27 JANUARY 2020
Following a change in employment law, the Labour Relations Agency will provide a new service to employees, employers, and their representatives.
No 42 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2020
This Order increases, from 6th April 2020, the limits applying to certain awards of industrial tribunals, the Fair Employment Tribunal or Labour Relations Agency statutory arbitration. Examples of these rates include the maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or various awards, including the basic or additional award of compensation for unfair dismissal is now £560. The limit on amount of guarantee payment payable to an employee in respect of any day is now £30.00. The other rates can be found in the Schedule to the Order.
No 42 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2020
This Order increases, from 6th April 2020, the limits applying to certain awards of industrial tribunals, the Fair Employment Tribunal or Labour Relations Agency statutory arbitration. Examples of these rates include the maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or various awards, including the basic or additional award of compensation for unfair dismissal is now £560. The limit on amount of guarantee payment payable to an employee in respect of any day is now £30.00. The other rates can be found in the Schedule to the Order.
Maternity Leave
The law sets out the legal minimum leave entitlements for mothers.
Agreements between employers and employees may provide for better arrangements than the statutory minimum.
The Industrial Tribunals and Fair Employment Tribunal (Early Conciliation: Exemptions and Rules of Procedure) Regulations (Northern Ireland) 2020
The Employment Act (Northern Ireland) 2016 amended the Industrial Tribunals (Northern Ireland) Order 1996 and the Fair Employment and Treatment (Northern Ireland) Order 1998 to introduce a requirement for prospective claimants to contact the Labour Relations Agency before they are able to present a claim to an industrial tribunal or the Fair Employment Tribunal. This requirement applies to claims which are relevant proceedings under Article 20(1) of the Industrial Tribunals Order or Article 38 of the Fair Employment and Treatment Order.
Regulation 3 sets out the circumstances in which a claimant may present a claim dealing with relevant proceedings without complying with the requirement for early conciliation.
The exemption in regulation 3(1)(a) relates to claimants who are presenting a claim on the same claim form as other claimants or joining a claim which has already been presented to an industrial tribunal or the Fair Employment Tribunal by another claimant (so called ‘multiples’); in such circumstances, a claimant may rely upon the fact that another claimant has complied with the requirement for early conciliation and has a certificate from the Agency.
The exemption in regulation 3(1)(b) means that if a claim for relevant proceedings appears on the same claim form as proceedings which are not relevant proceedings, there is no need for a claimant to satisfy the early conciliation requirement in relation to those relevant proceedings.
No 140 The Social Security (Maternity Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 2014
These Regulations come into effect on 18/5/14 and are derived from changes brought in by reforms under Statutory Rule 102 above. Section 35B provides an entitlement to maternity allowance for women who work with a spouse or civil partner who is engaged in self-employment.