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:
The Certification Officer is responsible for:
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.
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.
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.
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:
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
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:
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:
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.
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.