Search Results
The Employment Act (Northern Ireland) 2016 (Commencement No. 3) Order (Northern Ireland) 2020
This Order brings into operation certain provisions of the Employment Act (Northern Ireland) 2016 on 27th January 2020.
Article 2(a) to (e) commence provisions on early conciliation of employment disputes.
Article 2(f) commences the provision which places an obligation on the Department to review early conciliation.
Article 2(g) and (h) commences the provisions that permits the Department to make regulations which provide that the members of the panel of chairmen of industrial tribunals and Fair Employment Tribunal may be referred to as employment judges.
Article 2(i) commences the provision which prohibits the Labour Relations Agency, or persons appointed by the Agency, from releasing information relating to a worker, employer of a worker, or a trade union, that they hold in the course of performing their functions.
Article 2(j) corrects a small number of references in the Social Security Contributions and Benefits (Northern Ireland) Act 1992, dealing with statutory shared parental pay, which were introduced by the Work and Families Act (Northern Ireland) 2015
Article 2(k) updates legislative references in Schedules 2 and 4 to the Employment (Northern Ireland) Order 2003.
Article 2(l) and (o) gives effect to the dispute resolution repeals in Schedule 3 of the Act.
Article 2(m) and (n) gives effect to Schedules 1 and 2, which respectively, make minor and consequential amendments to existing legislation, and set out how the relevant time limits for bringing a claim will be extended where necessary to provide sufficient time for early conciliation to take place and to ensure that the claimant is not disadvantaged.
Service Standards
The Agency's service standards are set out in our Customer Charter. Any complaint about the delivery of an Agency service can be brought to a Director of the Agency.
We will fully investigate the complaint and respond within ten working days. If the person complaining is not satisfied with the response he/she can raise it with the Chief Executive who will reply within ten working days.
If the individual is still not satisfied he/she can refer the matter to the Ombudsman. A copy of the Agency’s Customer Complaints Procedure, which includes guidance on raising a complaint is available from the Agency or can be downloaded here.
Warnings and other disciplinary action
Warnings in the workplace should be part of a disciplinary process and they should be designed to allow employees to change a particular behaviour within a given timeframe. They should be given as quickly as possible after the behaviour occurs. Any sanctions should be proportionate to the alleged offence.
Steps to resolve
When there is an issue in the workplace, employers and employees have a number of options and steps they can take to resolve it, ranging from informal conversations to formal processes and procedures.
Details a written statement must contain
Employers are required to provide employees with a written statement of particulars of employment within two months of the commencement of employment.
Resolving problems
Issues and problems can arise in any workplace. If not resolved they can cause lasting damage to individuals, to the business and to relationships. It is important to ensure there are fair processes in place to deal with problems and that organisations adopt a best practice approach. We run free training seminars and briefings and have guides, template policies and flowcharts to help. Where additional support is needed we offer free, impartial and confidential conciliation, mediation and arbitration services.
Preparing for the hiring process
Taking the time to carefully plan the hiring process is important and ensures that you hire an employee with the right mix of skills and characteristics for the job.
Redundancy
When employers wish to make employees redundant they must follow a clear and fair process. The Labour Relations Agency has a redundancy flowchart which can help employers and employees in this situation.
Contracts of employment
A contract of employment is a legal agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. The employment contract is made as soon as a job offer is accepted.
Health & Safety at Work
Employers have a duty to protect their employees and visitors from harm. They must do risk assessments and they must report any serious incidents to the Health and Safety Executive for Northern Ireland. Employees are expected to take reasonable care of their own health and safety.