The Maternity and Parental Leave Regulations (Northern Ireland) 1999 introduced a right to Parental Leave for parents of any child under the age of 18. The regulations permit employers and employees (or their representatives) to agree arrangements for taking leave, but in the absence of agreement a Fall Back Scheme sets out timescales for the notification and taking of Parental Leave.
The Government is committed to ensuring that every child has the best possible start in life and to creating more choice for all parents: by helping fathers and mothers better control the balance between working and the time spent with their children, whilst ensuring that the needs of business are met.
It is an implied (and may also be stated as an express term) term in a contract of employment, that an employee must act in an honest and faithful manner and not do anything that would be perceived as harmful to the employer’s legitimate business interests, for example, disclosing confidential commercial information to a competitor. An employee who acts in a manner contrary to the duty of fidelity could be viewed as acting in Breach of Contract.See:
From 6 April 2010 the sick note is changing to become a fit note.
Sick notes (or Medical Statements) are the forms issued by doctors to people when they are ill or injured. They provide advice about whether or not an individual with a health condition is fit for work. They are commonly used by employers as evidence that an employee cannot work for sick pay purposes.
Under the sick note system, doctors could only advise their patient on whether their health condition meant that they should or should not work. As a result many people who could benefit from support whilst in work, would be advised that they could not work. Their employers would not have had the opportunity to consider how they could help them achieve an earlier return to work.
To help more people get the support they need to get back to work the new fit note system will mean that doctors can advise that an employee is either:
A doctor will give a ‘may be fit for work’ Statement if they think that their patient’s health condition may allow them to work if they get suitable support from their employer.
If an employee is too ill to work the doctor will advise this just like with the sick note.
Further information is available from-
A Fixed Term Contract is a contract that is for a fixed period of time and ends when a specific date is reached, or is for the purposes of fulfilling a specific task and ends when the task has been completed, or where the contract is for a specific event, ends when that event does or does not happen. Fixed Term employees have the right not to be treated any less favourably than comparable employees on permanent contracts. Employees who have been employed on successive fixed-term contracts (that is, they have had the contract renewed previously or have been employed on more than one contract) for a period of four continuous years, can ask their employer for a statement confirming that they are permanent and/or no longer on a fixed-term contract. Employers have to issue this statement or a statement giving objective reasons why the contract remains fixed-term within 21 days of the employee's request. The employer can only keep them on the fixed-term contract if they can objectively justify it at the point it was last renewed.
nibusinessinfo Understanding fixed term contracts
The Transposition into Ireland and Northern Ireland of the European Directives on Fixed Term Working and Working Time
This report has been prepared by Marguerite Bolger and Barry Fitzpatrick for the Labour Relations Commission and the Labour Relations Agency. It contains an examination of the transposition in Ireland and Northern Ireland of the Fixed Term Work Directive and the Working Time Directive, together with analysis of relevant case law.
These are produced as separate reports on each Directive, considering first the transposition and relevant case law in Ireland, followed by Northern Ireland. The latter reports contain some comparative analysis of the position in the two jurisdictions.
Details of the relevant institutions and employment law systems in each jurisdiction are not set out by way of introduction. There are considerably more cases in the Irish jurisdiction and hence the Northern Irish cases are considered in more detail.
Certain employees have the statutory right to make a flexible working request. To be eligible a person must:
Employees can make one application every 12 months. A year runs from the date the first application was made.
Frustration of a contract occurs when, without the fault of either party, some unforeseeable event occurs which makes future performance of the contract either impossible, or something radically different from what was contemplated originally. There is no dismissal if such an event occurs.
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.