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Capability

Dismissal on the grounds of capability is one of the potentially fair reasons for dismissal and usually includes termination for ill health, failure to achieve or loss of relevant qualifications and incapacity to perform the role.  The fairness of such a dismissal will be dependant on the individual circumstances.    

See:
  • Dismissal
  • Certification Officer

    The Certification Officer is responsible for:

    • maintaining a list of trade unions and employers' associations
    • receiving and scrutinising annual returns from trade unions and employers' associations
    • determining complaints concerning trade union elections,  certain other ballots and breaches of trade union rules
    • ensuring observance of statutory requirements governing  mergers between trade unions and between employers' associations
    • overseeing the political funds and the finances of trade unions  and employers associations
    • certifying the independence of trade unions
    Other Links:

    Changing Work Patterns

    There are now many different patterns of work. These include part-time work, flexi time, job sharing, shift work and teleworking. A recent development is the right of parents of children under the age of six or disabled children under the age of eighteen and, from 6th April 2007, to carers of adults to apply to their employer to work more flexibly. The request can cover hours of work, times of work and place of work and may include requests for different patterns of work.

    Types of flexible working

    www.workingfamilies.org.uk

    See:
  • Flexible Working
  • Flexible Working - The Law and Good Practice - A Guide for Employers
  • Family-Friendly Policies
  • Chaperone Licences

    A child taking part in a performance - including TV, film, theatre, paid sporting activities or modelling - has to have a chaperone with them.

    The CPSSS licenses, registers and trains chaperones for children who have been licensed to perform. The chaperone would care for a maximum of 12 children and would be engaged / employed by the production company.

    The Education Authority holds the register of all licensed chaperones throughout Northern Ireland.

    Child Employment Permits

    The Child Protection Support Service for Schools (CPSSS)/Education Welfare Service issues employment permits in respect of children of compulsory school age who propose to engage in part-time employment. 

    As required by law [The Children (Northern Ireland) Order 1995, Part X11, articles 135/6 & The Employment of Children Regulations (Northern Ireland) 1996, amended 2006)], all employers of children of compulsory school age must apply for a permit to the Education Authority before the proposed starting date of the child's employment. The application must include written consent from the parent/carer of the child.

    N.B. It is unlawful for any child under the age of thirteen to be employed.

    If the Designated Officers in CPSSS are satisfied that all legal and regulatory conditions are being met, an employment permit is issued. If a permit is not issued, the proposed employment is unlawful.

    Application forms and regulations are available from the CPSSS or by clicking on the following link:

    See:
  • Child Employment Permits
  • Childbirth – Meaning of

    Childbirth means the live birth of a child, or a still birth after a pregnancy lasting 24 weeks.

    Children, Employment of

    For the purposes of employment, a child is defined as being under school leaving age and the employment of children is governed primarily by the Children (Northern Ireland) Order 1995 and associated legislation, The Employment of Children Regulations (Northern Ireland) 1996.  Children cannot be employed:

    • if they are under the age of 13
    • for more than 1 hour before school opening time and anytime before school finishing time
    • before 7am in the morning and after 7pm in the evening on any day
    • for more than 2 hours on a school day
    • in any occupation other than those permitted by the legislation, which includes, for example, newspaper delivery, office work, shop work (with restrictions), domestic work etc.
    • without the written consent of their parents

    Other restrictions for employment of children under the age of 15 and those over the age of 15 are detailed in the Regulations.  The Regulations also set out a requirement for an employer to give notice to the appropriate Education Board of their intention to employ a child and if approved, the Board shall issue an Employment Card.

    See Children’s Law Centre: http://www.childrenslawcentre.org

    Children’s Order http://www.opsi.gov.uk/si/si1995/uksi_19950755_en_1

    Employment of Children Regulations http://www.northernireland-legislation.hmso.gov.uk/sr/sr1996/Nisr_19960477_en_1.htm

    Civil Partnership

    Same sex couples who register as civil partners have the right to equal treatment with married couples in a wide range of matters including employment and vocational training. So whatever benefits an employer provides to married employees and their spouses must be provided to employees who are civil partners and to their civil partners – for example survivor pensions, flexible working, statutory paternity pay, paternity and adoption leave, health insurance or time off before or after marriage / registration. There are no legal requirements to offer such benefits to couples of either the same or opposite sex who have not entered into a marriage or civil partnership. However, where benefits are made available to unmarried couples of opposite sex they must be extended equally to same sex couples who have not registered a civil partnership.

    Other Links:

    Claimant

    Claimant is the term used to describe an individual (employee) who lodges an application to the Industrial or Fair Employment Tribunal.

    Other Links:

    Code of Practice

    A Code of Practice produced by the Labour Relations Agency gives authoritative advice in a key area of employment practice and is approved by The Department of Employment and Learning and referred to by Industrial Tribunals. Currently the Agency has three codes of practice;

    See:
  • Disciplinary and Grievance Procedures - 3rd April 2011
  • Time Off for Trade Union Duties and Activities 19th April 2012
  • Disclosure of information to trade unions for collective bargaining purposes
  • Collective Agreement

    Is an agreement made between a Trade Union and an Employer (or Employers Association) about employment matters that the Trade Union can negotiate with the employer on, for example, pay, hours and holidays. The Written Statement of Employment Particulars must set out what (if any) collective agreements apply to an individual’s employment.

    Collective Bargaining

    Collective bargaining is one method that employers use to work with trade unions or works councils to negotiate things like terms and conditions of employment for certain groups or all of their employees.

    Collective Redundancies

    Is a term used to describe a situation in which 20 or more employees are being made redundant.

    See:
  • Redundancy
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    Telephone Enquiry Point

    The Agency’s Enquiry Point is available to employers, employees, trade unions and others. Enquiry Point advisors provide information and advice on a wide range of employment matters. The Enquiry Point is also an important contact point for identifying circumstances, or clients, who would benefit from being referred to other Agency services.

    The Enquiry Point provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

    While the advisors cannot provide a legal opinion they can help callers gain a better understanding of their rights and responsibilities as well as identifying possible options to help resolve their issues.

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