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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.
Contractor versus Employee versus Worker
Employees, workers and contractors have different rights and responsibilities.
Workplace policies
Clear workplace policies and procedures help organisations to be productive, efficient and maintain high levels of staff morale. Ensuring that everyone knows how and why things are done is a key component in establishing best employment practice. Check out our free 'Employment Document Toolkit' to create your own policies and procedures that adhere to legal requirements and best practice, and which meet the particular needs of your organisation.
Service Standards
The Agency's service standards are set out in our Customer Charter. Any complaint about the delivery of an Agency service can be brought to a Director of the Agency.
We will fully investigate the complaint and respond within ten working days. If the person complaining is not satisfied with the response he/she can raise it with the Chief Executive who will reply within ten working days.
If the individual is still not satisfied he/she can refer the matter to the Ombudsman. A copy of the Agency’s Customer Complaints Procedure, which includes guidance on raising a complaint is available from the Agency or can be downloaded here.
Pay in Lieu of Notice (PILON)
A payment in lieu of notice is made in circumstances where an employee is not required to work their notice period but is paid a sum of money instead.
Conciliation services
We offer free conciliation services to help parties involved in a workplace dispute to come to a legally binding resolution, without needing to go through a public tribunal. We offer both individual conciliation and collective conciliation, for example where an issue affects a number of employees.
Warnings and other disciplinary action
Warnings in the workplace should be part of a disciplinary process and they should be designed to allow employees to change a particular behaviour within a given timeframe. They should be given as quickly as possible after the behaviour occurs. Any sanctions should be proportionate to the alleged offence.
Steps to resolve
When there is an issue in the workplace, employers and employees have a number of options and steps they can take to resolve it, ranging from informal conversations to formal processes and procedures.
Working Time Regulations
In addition to the rights outlined around qualifying periods, a number of other rights and responsibilities exist. These relate to rest breaks, the number of hours a worker can be required to work and paid leave.
Redundancy
When employers wish to make employees redundant they must follow a clear and fair process. The Labour Relations Agency has a redundancy flowchart which can help employers and employees in this situation.