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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).
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.
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.
LRA Pride Discussion Encourages Workplace Respect
This week the Labour Relations Agency (LRA) marked Belfast’s Pride Festival week by hosting a panel discussion to help businesses and organisations manage workplace conversations on diversity issues, which some may regard as ‘difficult’ or ‘sensitive’.
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.
New Hybrid Working Guide Offers Timely Support to Employers
To coincide with the easing of Covid restrictions and anticipated lifting of the ‘work from home’ recommendation, a new guide offering NI employers the most up-to-date advice on ‘Hybrid Working’ has been launched by the Labour Relations Agency (LRA) for Northern Ireland.
Changes to Fit Note requirements in Northern Ireland
The requirements for doctors fit notes in Northern Ireland have been amended to remove the need for a doctor to produce a fit note in ink. The change becomes live from the 6th April 2022.
The Department For Communities have explained the change here.
The legislation for the change can be found here or on our dedicated legislation pages on this website. (click the legislation button at the top of this page)
Qualifying periods
Most people are entitled to the rights outlined below. However, 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, for example, union work.
Amendment to the Working Time Regulations - Pay and Carryover of holidays
The Working Time (Amendment) Regulations (Northern Ireland) 2023 came into force on 1st January 2024 and set out the legal obligations on carry over of holiday and what constitutes pay for the purposes of calculating holiday pay.
Economy Minister welcomes new legislation to protect Northern Ireland workers
Economy Minister Diane Dodds has welcomed new employment legislation which will benefit workers across Northern Ireland.
The Employment Rights (Northern Ireland) Order 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order (Northern Ireland) 2021 extends protections against detriment in health and safety cases to workers in relation to any action they may take to protect themselves or others where they reasonably believe there is serious and imminent danger in their place of work.
It will come into operation on 31 May 2021. At present, these protections cover only employees.
The Order must be approved by a resolution of the Assembly within six months of coming into operation. It must therefore be confirmed on or before 31 November 2021.
The move has its origins in a Judicial Review brought by the Independent Workers Union of Great Britain against the Secretary of State for Work and Pensions and the Health and Safety Executive in Great Britain.
A High Court Judgment was published in November which directed that the Health and Safety Framework Directive and the Personal Protection Equipment (PPE) Directive should apply to a wider group of workers, not just employees.
Minister Dodds said: “This Order is about more than about responding appropriately to the decision of a High Court ruling. It will also give clarity to business and individuals.
“As businesses emerge from lockdown, everyone will need to be protected during the transition back to the workplace.
“This Order will allow some of our most vulnerable workers the legal protection they need to act to ensure their own safety and the safety of others without fear of suffering detriment for doing the right thing. This includes protecting them against being denied promotion or training opportunities.”