Search Results
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.
Bank holiday confirmed for Queen Elizabeth's funeral - guidance for employers and employees
Following the death of the Queen, a period of national mourning was announced and it will continue until the end of the day of the state funeral, Monday 19 September 2022.
There is no obligation on organisations to suspend business during the mourning period. Guidance on this can be found on the GOV.UK website here.
However, a special bank holiday has been confirmed on the day of the state funeral, Monday, 19 September 2022.
The guidance below explains how leave for special bank holidays should be handled by employers.
Constructive dismissal
An employee may make a claim of constructive dismissal if they feel they had no choice but to resign, for example if they feel that there has been a fundamental breach or change to their contract.
Industrial tribunals
To make a claim to an industrial tribunal for unfair dismissal, in most circumstances employees will need to have worked continuously for the organisation for one year. There are other types of claim, for example regarding unpaid wages, holiday entitlements or discrimination, which do not require one year's continuous service.
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 63 The Employment Rights (Increase in Limits) Order Northern Ireland
This Order increases, from 6th April 2019, the limits applying to certain awards of industrial tribunals, the Fair Employment Tribunal or Labour Relations Agency statutory arbitration, and other amounts payable under employment legislation, as specified in the Schedule to the Order.
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.
504 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1996
The Order amends the 1989 Order of the same name which specifies a number of persons or bodies as public authorities for certain purposes under the Fair Employment (Northern Ireland) Act 1989 and provides for persons who are to be treated for such purposes as employees of some of these authorities. (see Schedules)
424 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1998
This Order amends the 1989 Order of the same name which specifies a number of persons or bodies as public authorities for certain purposes under the Fair Employment (Northern Ireland) Act 1989 and provides for persons who are to be treated for such purposes as employees of some of these authorities (see Schedules).
Misconduct and gross misconduct
Disciplinary issues arise when the employer has concerns about an employee’s conduct, absence from work or the way they are performing in their job. They may start a disciplinary procedure which could lead to disciplinary action (including dismissal in more serious cases).