A to Z of Employment - Entries for R
Race & Religious Discrimination
See Discrimination
Reasonableness - of Dismissal decisions
See Dismissal
Recoupment of Social Security Benefits
Any social security benefits, such as Job Seekers Allowance, paid to an employee who has been dismissed, must be paid back to the Social Security Agency out of any award of compensation made by the Industrial Tribunal. In practice, an employer must deduct the required amount from the award of compensation before making a payment to an employee.
Industrial Tribunals Procedures
Recruitment
Most employers recognize the fact that the employees are their greatest asset, and the right recruitment and induction processes are vital in ensuring that a new employee becomes effective in the shortest time. The success of an organization depends on having the right number of staff, with the right skills and abilities. Organizations may have a dedicated human resource function overseeing this process, or they may devolve these responsibilities to line managers and supervisors. Many people may be involved, and all should be aware of the principles of good practice. Even in large organizations with a specialist department it is essential to involve others in the task of recruitment and induction.
http://www.acas.org.uk/index.aspx?articleid=744
Redundancy
Due to the nature of the global market and the speed of change, redeployment of labour and redundancies will sometimes be necessary. A poorly thought out approach to such change can result in a level of uncertainty which damages company performance and should redundancies be unavoidable, may lead to financial and emotional costs to the individuals affected. You cannot overstate the importance of planning labour requirements to avoid or to minimize the need for redundancies; the benefits of establishing an agreed procedure for handling redundancies; and the need for fairness and objectivity when selecting members of the workforce for redundancy.
Publications – Advice on handling redundancy
DEL ER Booklet 3 Redundancy payments
DEL ER Booklet 4 Redundancy consultation and notification (Rev. October 2006)
DEL ER Booklet 5 Your rights if your employer is insolvent (rev Feb 07)
Redundancy Payments
Redundancy is generally where an employer needs to reduce his or her workforce. It may happen because a workplace is closing down, or because fewer employees are needed for work of a particular kind. Normally your job must have disappeared. It is not redundancy if your employer immediately takes on a direct replacement for you. But it will not matter if your employer is recruiting more workers for work of a different kind, or in another location.
The statutory redundancy payments scheme aims to ensure that those who are dismissed through no fault of their own receive compensation. Employees with more than 2 years service are statutorily entitled to a lump sum from their employer, based on their age, length of service and contractual earnings up to a maximum limit which is currently £330 per week (from 2nd March 2008) and is reviewed annually.
For redundancies made on or after 1 October 2006, the amount will be calculated as:
- Up to the age of 21, you will receive half a week’s pay for each completed year of service.
- 22 – 40 years of age, you will receive one week’s pay for each completed year of service.
- 41+ years of age, you will receive 1½ weeks' pay for each completed year of service.
Statutory Redundancy Payment Table PDF 48.3 KB
Re-engagement/Re-instatement Order
Where an industrial tribunal finds that an employee has been unfairly dismissed they will consider whether to make an order for re-instatement in the previous job or re-engagement in another job. An order for re-instatement or re-engagement includes compensation for arrears of pay between the date of dismissal and the order taking effect.
http://www.employmenttribunalsni.co.uk/industrial_tribunals_procedures.pdf
See also Compensation
References
Employers who are considering making an offer of employment may request information from previous employers to help determine an individual’s suitability for employment. Employers are not legally obliged to provide a reference for a former employee, but if provided should be factually correct as the information contained within a reference is covered by the Data Protection Act. An employee who feels that a former employer has provided an inaccurate and unfair reference may, using the Statutory Grievance Procedure, raise a complaint in writing with their employer. The Employment Practices Code published by the Information Commissioner provides guidance for employers on references.
Information Commissioner - Employment Practices Code
Rehabilitation of Offenders
See Offenders
Relevant Transfer
Representation at Work
In all organizations employers and managers involve workers in various ways. In very small organizations this may simply entail employers giving workers information and asking them for views. In larger organizations informing and consulting workers directly remains necessary but it also becomes important to have effective employment relations with worker representatives. In addition there are a number of legal requirements for employers to provide information to and consult with worker representatives. Many larger organizations have formal processes for informing and consulting worker representatives, most commonly through some form of works council.
http://www.acas.org.uk/index.aspx?articleid=760
Information Consultation of Employees
http://www.delni.gov.uk/icemployeesdetailedguideapr07.pdf
Repudiation of Industrial Action
A Trade Union must repudiate Unofficial Industrial Action in order to protect itself from legal proceedings by an employer. The Trade Union must:
- Give written notice of the repudiation to the committee or shop steward without delay - as soon as it is reasonably practicable after it comes to the knowledge of any of the unions’ executive committee, president or General Secretary. This notice must be given by any of the unions’ executive committee, president or general secretary.
- Take all reasonable action to issue written notices repudiating the action again without delay to every union member whom it believes is or could take part in Industrial action and including the following wording:
"Your union has repudiated the call for industrial action to which this notice relates and will give no support to unofficial industrial action taken in response to it. If you are dismissed while taking unofficial industrial action, you will have no right to complain of Unfair Dismissal”.
- The union must also give similar written notice to the employer of every such union member.
DEL ER Booket 29 - Industrial action and the law: a guide for employers
Rest Breaks
Under the Working Time Regulations (Northern Ireland) 1998 (as amended) a worker has the right to a break of 20 minutes if required to work continuously for more than six-hours. The break should be taken during the six-hour period and not at the beginning or the end of it. Young workers are entitled to a 30-minute break for each 4.5 hours worked. The breaks do not have to be paid unless the employment contract provides for this.
In addition a worker is entitled to an uninterrupted rest period of 11 hours between each working day and one uninterrupted weekly rest period of not less than 24 hours in each 7-day period. The weekly rest period can be taken as either 2 periods of at least 24 hours in each 14-day period or 1 uninterrupted period of no less than 48 hours in each 14-day period. Young workers are entitled to 12 hours rest between each working day.
Restrictive Covenants/Restraint of Trade
Employers will often insert restrictive covenants/trade clauses into a Contract of Employment in order to protect any confidential information or trade secrets that employees have access to during their employment. Such clauses may also attempt to restrict future employment of employees once they leave the organisation. An employer contemplating the inclusion of such clauses should seek legal advice.
Retirement
The Employment Equality (Age) Regulations (Northern Ireland) 2006 which came into force on 1st October 2006 introduced a default retirement age of 65. Provided an employer follows the retirement procedure set out in the Regulations such terminations on retirement grounds will not generally be deemed unfair or contrary to the Regulations*. The Regulations do not remove the right for an employer to retire employees at a Normal Retirement Age which is less than 65, provided this earlier retirement age can be objectively justified.
* The Heyday organisation (part of Age Concern) is currently challenging the UK Government on the grounds that the European Directive from which the Regulations come does not permit employer to make retirement compulsory. A result of this is that the President of Employment Tribunals in England and Wales has ordered that all retirement dismissal claims should be put on hold until the outcome of the Heyday case has been given by the European Court of Justice.
Rights at Work
Most people are entitled to the statutory rights linked to this section although in many cases qualifying conditions must be fulfilled before a right may be claimed. Some rights apply to all employees as soon as they start work; others depend on factors such as length of service, continuity of employment and activities in addition to the job (e.g. union work). For certain rights, various groups of people are excluded. Most rights apply only to employees but some apply to wider groups of workers. Always check detailed information on qualifying conditions using the links provided.
Employment rights qualifying periods
Qualifying Period - Day 1
Entitlement:
- Protection from unfair dismissal for reasons including maternity, parental and paternity leave; undertaking activities aimed at improving health and safety; refusal to work on Sundays; assertion of rights under Working Time Regulations; performance of duties as trustee of occupational pension scheme;
- performance of functions as employee representative; making a protected disclosure; assertion of statutory rights, including right to National Minimum Wage and right to certain credits; claim for union recognition; trade union reason; part-time worker status.
- 26 weeks' ordinary maternity leave and additional maternity leave
- Protection from discrimination on the grounds of sex, race, religion or belief, sexual orientation, civil partnership status, marital status, age and disability.
Qualifying Period – 1 Month
Entitlement:
- At least one week’s notice of termination of contract.
- Guarantee payment in case of lack of work.
- Payment of salary during suspension on medical grounds.
- Right not to be dismissed on medical grounds.
Qualifying Period – 2 Months
Entitlement:
A written statement of the particulars of employment (to be received no later than two months after starting employment).
Qualifying Period – 3 Months
Entitlement:
- Option to join stakeholder pension scheme.
Qualifying Period – 26 Weeks
Entitlement:
- Two weeks' paid paternity leave
- Paid adoption leave.
- Statutory Maternity Pay.
- Flexible Working Rights.
Qualifying Period – 1 Year
Entitlement:
- Protection from unfair dismissal for reasons other than those specifically listed in the relevant pieces of legislation, including dismissal without following the correct statutory procedure.
Qualifying Period – 2 Years
Entitlement:
- At least one week’s notice for each year of continuous employment.
- Redundancy payment and time off to look for other work or to arrange training
DEL ER Booklet 3 Redundancy payments
Risk Assessment
Employers are required under the Management of Health and Safety at Work Regulations (Northern Ireland) 1992, to carry out a suitable and sufficient assessment of the risks arising out of their work activities, i.e. a risk assessment. Employers are also required to carry out individual risk assessments for pregnant workers. The link below is for guidance provided by the Health and Safety Executive NI.