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Annual holidays
Most workers - whether part-time or full-time - are legally entitled to 5.6 weeks' paid annual leave. Employers can set the times of the year that leave needs to be taken and workers must give the employer notice when they want to take leave.
The rights and responsibilities involved when it comes to Redundancy (HTML)
For redundancy to be fair there must be a genuine need for redundancy and the employer must follow a fair process in carrying it out. Where there are many employees involved, trade unions and employees should be consulted properly.
Before beginning any redundancy (and during the consultation process), an employer should think about whether it can avoid making redundancies or reduce the number of redundancies. Employers also need to carefully think about how the employees will be chosen for redundancy. If they don’t, they may face claims of unfair dismissal.
The way that staff are chosen should be fair and follow an agreed selection process if the organisation has one. If there isn’t an agreed process in place, the employer must make sure there is no discrimination, that staff are chosen fairly, and in a way that can be checked.
Suspension
An employer may decide to suspend an employee temporarily from work if they are involved in a disciplinary situation, or for maternity or medical reasons. Usually an employee who is suspended is entitled to their normal pay during their suspension.
Contractor versus Employee versus Worker
Employees, workers and contractors have different rights and responsibilities.
Fair Employment (School Teachers) Act (Northern Ireland) 2022
This legislation was enacted by the Northern Ireland Assembly in 2022 and came into effect on 12th May 2024.
From this date, it will be unlawful to discriminate on the grounds of religious or philosophical belief or political opinion in respectof the recruitment or promotion of teachers in schools in Northern Ireland.
Prior to 2003, FETO, and its predecessors, did not prohibit discrimination on the grounds of religious or philosophical belief or political opinion in relation to any aspect of the employment of school teachers. That was due to the effects of article 71 of FETO, commonly known as the teachers’ exception.
This situation changed through a process that began in 2003 when an EU equality law, Council Directive 2000/78/EC, required the exception to be modified and
narrowed. As a result, and since then, FETO has prohibited discrimination on its equality grounds in relation to most aspects of the employment of teachers in
schools; e.g. in relation to pay, training, absence and performance management,
dismissal, harassment.
Despite that change, FETO’s prohibition of discrimination did not apply to the recruitment or promotion of teachers in schools due to the continuing effects of one part of the article 71 exception that remained.
The remaining gap in coverage was filled on 12 May 2024 with the inrtoduction of this legislation.
Agency worker
An agency worker is someone who is supplied by an employment business/agency to work for the hirer under a contract of employment or other such contract as agreed between the employment business/agency and the hirer.
Social Media House Rules
Guidance for friends and followers of LRA social media accounts.
The Labour Relations Agency has a number of social media accounts including Facebook, Twitter, Linked In and You Tube. We do not endorse any private companies or individuals even if we're 'friends' with or 'follow' their social media accounts.
We reserve the right to delete posts or comments from our social media channels without warning if we believe they:
- are defamatory or libellous;
- breach Data Protection Regulations;
- use obscene or foul language;
- are distasteful, offensive or antagonistic;
- are political or electioneering in nature; or
- are advertising or promotional in nature without the prior agreement of the Labour Relations Agency.
Any persistent offenders may be blocked without prior notice.
The Labour Relations Agency's decision is final.
Types of problems
Problems can arise in any workplace. Below are some examples, though not an exhaustive list. Employers, employees and their representatives may find it helpful to refer to the Labour Relations Agency's codes of practice, sample letters, flowcharts and guides. Our service is confidential and all our resources are free of charge to anyone working to prevent or resolve a workplace issue in Northern Ireland.
No. 62 The Statutory Maternity Pay (General) (Amendment) Regulations (Northern Ireland) 2005
These Regulations amend the 1987 Regulations to provide for continuity of employment in respect of a dismissal where a woman commences a statutory dispute resolution procedure and as a consequence of the procedure is reinstated or re-engaged by her employer (on or after 6/4/05).
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.