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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).
Do you need assistance to complete the Early Conciliation form?
If you are unable to complete the Early Conciliation notification form online you can:
- contact the Labour Relations Agency on 03300 552 224 and a staff member will take the details over the phone;
- download and complete the form by hand and post it to one of the Labour Relations Agency's offices at:
2-16 Gordon Street, Belfast, BT1 2LG or
3rd Floor, Richmond Chambers, The Diamond, Derry/Londonderry, BT48 6HN; or
- call in to one of our offices where we can provide a private space for you to complete the online form.
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.
Events
Our events ensure that you are up to date with the changes in employment relations in Northern Ireland. There is no charge for attending any of the Agency's seminars, briefings or workshops.
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.
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.
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.
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.
EARLY CONCILIATION COMING TO NI 27 JANUARY 2020
Following a change in employment law, the Labour Relations Agency will provide a new service to employees, employers, and their representatives.
Holidays and final pay
Employers must pay their employees for statutory holidays (contractual holidays may differ) that have been built up but not taken at the time they leave their employment.