A to Z of Employment - Entries for S
Safety Committee/Representatives
The Safety Representative and Safety Committee (Northern Ireland) Regulations 1979 apply to organisations that have recognised Trade Unions for collective bargaining purposes. The legislation permits the Trade Union to appoint safety representatives from among the workforce whose functions include:
- investigating causes of accidents
- representing employees in consultation with the employer
- investigate potential hazards and dangerous occurrences
Safety representatives are entitled to time off to fulfil their functions and undertake relevant training. They also have a right not to be unfairly dismissed or suffer a detriment for fulfilling or proposing to fulfil their functions.
In addition the regulations also require an employer to set up a safety committee upon a written request from 2 or more safety representatives.
The Health and Safety (Consultation with Employees) Regulations (Northern Ireland) 1996 compel employers in non-unionised organisations to consult with their workforce on health and safety matters. Consultation can take place at an individual employee level or through elected safety representatives, whose functions and rights are similiar to those detailed above. The employer should ensure that the representatives are provided with (at the employers expense) appropriate training in health and safety matters.
Further information is available from the Health and Safety Executive for Northern Ireland, www.hseni.gov.uk, or 028 9024 3249
Secondary Industrial Action
Secondary action - which is sometimes referred to as ‘sympathy’ action, or ‘solidarity’ action - is defined as industrial action by workers whose employer is not a party to the trade dispute to which the action relates and is therefore unlawful.
DEL ER Booket29 - Industrial Action and the Law - employers guide
Self Employment Contractors
Settlement of Industrial Tribunal Claim
See Conciliated and Compromise Agreements
Severance Payment
Severance payments are made in connection with termination of employment and usually contain any wages/salary owing to an employee as well as outstanding holiday payment and any other benefits. Severance payments may also include an Ex-gratia payment.
See Ex-gratia payments and Redundancy
Sex Discrimination
See Discrimination
Sexual Harassment
See Harassment and Discrimination
Sexual Orientation
It is against the law to discriminate on the grounds of a person’s sexual orientation. To that end the duty of an equality driven employer is to provide equality and fairness for all in employees and not to discriminate on grounds of gender, marital status, race, ethnic origin, colour, nationality, national origin, disability, sexual orientation, religion or age and oppose all forms of unlawful and unfair discrimination.
Short-Time Working
See Lay-off & Short-Time Working
Information note No.5 Lay-off and Guarantee Payments
DEL ER Booklet 14 Guarantee Payments
Sickness Absence
See Absence
Publications - Advice on managing absence from work
Smoking at work
Since April 2007 it is illegal for employers in Northern Ireland to continue with many practices, such as:
- allowing employees to smoke in 'smoking rooms'
- segregating smokers and non-smokers within the building
http://www.spacetobreathe.org.uk/article.asp?aid=206#1
Some other substantial reason (SOSR)
A dismissal for some other substantial reason is one of the potentially fair reasons for dismissal.
See Dismissal
Statutory Adoption Pay
One of the qualifying conditions for receipt of SAP is to have average weekly earnings of
- £87.00 if they are notified of a match on or before 5th April 2008
- £90.00 if they are notified of a match on or after 6th April 2008
During their adoption leave most employees will be eligible for Statutory Adoption Pay (SAP) of up to 39 weeks from their employer.
The rate of SAP is the lesser of a flat rate – currently £117.18 a week for 2007/08 - or 90% of their average weekly earnings. The flat rate is subject to review every April.
DEL ER Booklet 35 - Rights to Adoption Leave and Pay
Statutory Sick Pay (SSP)
Employers are responsible for the payment of Statutory Sick Pay (SSP) for periods of illness of four days or more up to a total of 28 weeks' absence in any one period of incapacity for work. The weekly rate of sick pay is reviewed every year at the beginning of April. The current rate of SSP is:
£75.40 per week from 6th April 2008 for employees with average weekly earnings of £90.00 or more.
Details of qualifying conditions and rates are available from Her Majesty’s Customs and Revenue.
Statutory Maternity Pay (SMP)
Women expecting a baby on or after 6th April 2008 who satisfy the qualifying conditions are entitled to a maximum of 39 weeks SMP. These include having average weekly earnings of
- £87.00 if their baby is due on or before 19th July 2008
- £90.00 if the baby is due on or after 20th July 2008
The weekly rate is:
- First 6 weeks of payment - 90% of employee’s average weekly earnings
- Remaining weeks - Pay the lower of: 90% of average weekly earnings, or £117.18
See Maternity and Family Friendly Policies
DEL ER Booklet 16 - Maternity Rights - A guide for employers and employees
Statutory Employment Rights
See Rights at Work
Statutory Paternity Pay
SPP is paid for a maximum of 2 weeks to employees who satisfy the qualifying conditions.
The weekly rate is the lesser of £117.18 or 90% of the employee’s average weekly earnings.
DEL ER Booklet 34 - Rights to Paternity Leave and Pay
Stress
The Health and Safety Executive define stress as "the adverse reaction people have to excessive pressures or other types of demand placed on them". Recent research shows that this 'adverse reaction' can seriously undermine the quality of people's working lives and, in turn, the effectiveness of the workplace.
Stress takes many forms. As well as leading to anxiety and depression it can have a significant impact on an employee's physical health. Research links stress to heart disease, back pain, headaches, gastrointestinal disturbances and alcohol and drug dependency.
Organizations and individuals need to reduce excessive stress at work – as well as preventing it happening in the first place. This means doing something about the main underlying causes of stress – like poor communication and lack of training – and coping with the symptoms of stress – like anxiety and ill health.
http://www.acas.org.uk/index.aspx?articleid=782
Strike
Suitable Alternative Employment
An employee whose contract of employment is being terminated on grounds of redundancy has a right to be offered suitable alternative employment (if available) and to a trial period of 4 weeks in the new role if different from the previous role.
See Redundancy
Sunday Trading in shops
Shop workers have the right not to be dismissed, selected for redundancy (when others in similar circumstances are not selected) or subjected to other detrimental action for refusing, or proposing to refuse to work on Sundays.
There are similar rights for on-course betting workers - that is broadly all employees at horse race courses or licensed tracks whose work involves dealing with betting transactions.
http://www.delni.gov.uk/shopssundaytradingorder19971.pdf
Suspension from work – disciplinary, maternity, medical
An employer may decide to temporarily suspend an employee from work for reasons connected with those detailed below. For the most part an employee who is suspended is entitled to be paid their normal pay during the period of suspension.
- Disciplinary investigation – in order to carry out an investigation into alleged misconduct. Caution should be exercised when deciding to suspend in such cases and consideration should first be given to allowing an employee to take a period of annual leave or other absence, or temporary transfer within the organisation
- Disciplinary Penalty – as an alternative to dismissal employers may decide to temporarily suspend an employee without pay from work. Employers must ensure they have a contractual right to suspend without pay in these circumstances to avoid a Breach of Contract claim.
- Maternity absence – see Maternity Suspension
- Medical Suspension – similar to Maternity Suspension an employer reserves the right (as provided for in certain legislation) to suspend an employee from work on medical grounds where the environment or role poses a risk to their heath. An employee who is suspended on medical grounds is entitled to receive pay for a period not exceeding 26 weeks, provided they have one months service; are available to return to work and have not unreasonably refused any offer to suitable alternative work.
Guidance for employees on suspension on medical grounds: http://www.direct.gov.uk/en/Employment/Employees/HealthAndSafetyAtWork/DG_10026595
Guidance for employers on suspension from work on medical and maternity grounds is available from Health and Safety Works NI 028 9040 8007 and the Health and Safety Executive www.hseni.gov.uk
For guidance on suspension in connection with disciplinary investigations and penalties please contact the Agency Helpline on 028 90321442