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Arbitration Explained
Arbitration
Arbitration involves an independent and impartial person called an arbitrator (acting alone or chairing a panel) being appointed by the Labour Relations Agency to make a decision on a dispute. This decision is based on the evidence presented by the parties to that dispute.
Garden Leave
Garden leave is a term used to describe a situation whereby an employee who has resigned from their employment or who has been dismissed by the employer is not required to work their notice and instead remains at home during the period of notice.
Trade unions
The Industrial Relations (Northern Ireland) Order 1992 defines a trade union as “an organisation (whether permanent or temporary) which … consists wholly or mainly of workers of one or more descriptions and is an organisation whose principal purposes include the regulation of relations between workers … and employers or employers’ associations.
Deductions from pay - employees
If the amount you have been paid differs from what is expected, speak with your employer first to check what has happened. Your employer can then either correct the mistake or explain why there is a change in your pay.
Suspension
An employer may decide to suspend an employee temporarily from work if they are involved in a disciplinary situation, or for maternity or medical reasons. Usually an employee who is suspended is entitled to their normal pay during their suspension.
Early Conciliation
The Labour Relations Agency provides an Early Conciliation service following a change in NI employment law which took effect on 27 January 2020. This service helps to resolve workplace disputes in a legally binding way, without the need to take a case to the Industrial or Fair Employment Tribunal. Click below for more information or to make an Early Conciliation notification.
Calculation of Holiday entitlement for Term Time/Part year Workers
The Supreme Court decision handed down in the case of Harpur Trust v Brazel on 20th July 2022 has now provided clarity on how statutory leave entitlement for workers who are described as part year workers (i.e. workers who work for varying hours during only certain weeks of the year but have a continuing contract throughout that year), should be calculated.
Giving and Accepting Notice
If the employer or employee wishes to end the employment relationship they must give each other notice.
Bereavement Leave
Employees are sometimes entitled to paid bereavement leave if someone close to them dies. All employees are entitled to reasonable time off without pay to arrange or attend the funeral of a dependant.
Whistleblowing
The Public Interest Disclosure (Northern Ireland) Order 1998 protects those who report serious wrongdoing in the workplace from dismissal or detrimental treatment as a result of their whistleblowing.