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Potential Problems at Christmas Time
The Labour Relations Agency Workplace Information Service receives enquiries every Christmas from businesses with questions and problems.
To help you prepare and avoid potential issues we have compiled some frequently asked questions which we receive each Christmas season.
Hiring young people
There are certain laws that protect the employment rights of young workers. Such laws are around health and safety, what jobs young workers can do, when they can work and how many hours they can work. If you want to employ young people — in some cases, this can include people up to the age of 25 — it is important to be aware of your legal responsibilities.
Trade Union duties and activities
An employee who is an official of an independent trade union which is recognised by the employer must be allowed reasonable time off with pay during working hours to:
Surrogate Parent leave
A surrogate parent may be eligible to Statutory Adoption Leave and Pay from 5 April 2015, provided that:
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.
Unfair dismissal claim
There are several ways a dismissal could be considered unfair.
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.
Arbitration services
Those who have submitted a tribunal claim will also be offered access to the Labour Relations Agency’s Arbitration Scheme which offers a quick, non–legalistic, less formal, confidential and more cost effective alternative to a tribunal hearing.
Jury service
Jury service is a public duty.
Redundancy pay
The statutory redundancy payment scheme aims to ensure that people who are dismissed through no fault of their own receive compensation. Employees who meet certain requirements are statutorily entitled to a lump sum from their employer.