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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. They are paid as normal and their employment does not come to an end until the notice period has expired. Therefore they are not free to undertake work for a different or new employer during the notice period. In most cases an employer must have the contractual right to enforce a garden leave clause. The use of garden leave clauses is more common for employees who, because of their role or their status may have access to confidential information, such as trade secrets or customer details, and is often used by their employer as a way to protect that information during the employee’s notice period.

Gender Reassignment

This is the personal, social and medical process by which a person's gender identity is changed.

Individuals have the right not to be discriminated against because they are proposing to undergo, are undergoing or have undergone gender reassignment. Protection begins from the date when the individual made it known to a medical practitioner that they intended to undergo gender reassignment.

http://www.equalityni.org/sections/default.asp?secid=8

Genuine Occupational Qualifications (GOQ)

In very limited circumstances it may be lawful for an employer to discriminate against individuals on the grounds of their race, sex, sexual orientation, age etc, in respect of certain jobs, where the requirement to do so is necessary to fulfil the requirements of the role. For example, an employer may recruit specifically for a member of one sex for a role in a single sex establishment, or for a member of a particular race/nationality for a modelling or acting role.

www.equalityni.org

Grievances

Grievances are concerns, problems or complaints that employees raise with their employers. The LRA Code of Practice on Disciplinary and Grievance Procedures sets out the steps that should be followed by the employee and the employer. these are as follows:

  • the employee should raise the grievance informally in the first instance. If the matter is not resolved then
  • the employee should raise the matter formally by letting the employer know the nature of the grievance.
  • The employer should hold a meeting with the employee to discuss the grievance
  • the employer should decide on any appropriate action
  • the employee should be offered the right of appeal.

Industrial Tribunals may adjust any award of compensation by up or down by 50% for failure by either party to follow the relevant steps set out in the Code.

LRA Code of Practice – Disciplinary and Grievance Procedures

Disciplinary and Grievance Procedures- Sample Letters and Flowcharts

Information note No. 1 - Employee grievances

Self help guide - Preparing a grievance procedure

Gross Misconduct

An act of misconduct which permits an employer to dismiss an employee on the first occurrence of the offence is usually viewed as Gross Misconduct.  Although the definition of gross misconduct is likely to vary from company to company, in general it includes offences such as theft, physical violence, very serious breaches of health and safety rules, etc.

LRA Code of Practice – Disciplinary and Grievance Procedures

Guarantee Payments

This is a statutory payment made to employees with one month's service with their employer, who are not provided with work throughout a day during which they would normally be required to work under their contracts of employment.

Payment is limited to a maximum of five days in any period of three months but the entitlement cannot exceed the number of days a week the employee is contracted to work in a normal week. Guaranteed pay is currently £25.90 a day  (from 14th February 2016) and this figure is renewed annually.

See Lay-Off & Short-Time Working

LRA Information note -No.5 Temporary lay-off and short-time working

Employees Guarantee payment 

Employers- Guarantee payment

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.

028 9032 1442

Monday - Friday 9.00am to 5.00pm

Contact Us

Please note that we cannot deal with employment-related enquiries by e-mail. To receive information or advice about an employment-related issue, please telephone our Helpline on Belfast 90 321442 where an officer will speak with you directly about your query. Please note that the Agency can arrange the services of an interpreter if required.

If you have an employment relations issue in Great Britain please contact the ACAS Helpline on 0300 123 1100 .

For all non-employment related queries or questions please fill in the box below.