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Calculation of Holiday entitlement for Term Time/Part year Workers
The Supreme Court decision handed down in the case of Harpur Trust v Brazel on 20th July 2022 has now provided clarity on how statutory leave entitlement for workers who are described as part year workers (i.e. workers who work for varying hours during only certain weeks of the year but have a continuing contract throughout that year), should be calculated.
Trade unions
The Industrial Relations (Northern Ireland) Order 1992 defines a trade union as “an organisation (whether permanent or temporary) which … consists wholly or mainly of workers of one or more descriptions and is an organisation whose principal purposes include the regulation of relations between workers … and employers or employers’ associations.
Volunteers
A volunteer is not an employee or a worker and does not have an employment contract.
Deductions from pay - employers
This section covers deduction from pay.
Workplace policies
Clear workplace policies and procedures help organisations to be productive, efficient and maintain high levels of staff morale. Ensuring that everyone knows how and why things are done is a key component in establishing best employment practice. Check out our free 'Employment Document Toolkit' to create your own policies and procedures that adhere to legal requirements and best practice, and which meet the particular needs of your organisation.
Leave without pay
There may be circumstances where an employee is required to take unpaid leave from their employment.
Hours of work
The amount of hours and employee works for employer should be clearly laid out in the employment contract.
Resolving problems
Issues and problems can arise in any workplace. If not resolved they can cause lasting damage to individuals, to the business and to relationships. It is important to ensure there are fair processes in place to deal with problems and that organisations adopt a best practice approach. We run free training seminars and briefings and have guides, template policies and flowcharts to help. Where additional support is needed we offer free, impartial and confidential conciliation, mediation and arbitration services.
Industrial tribunals
To make a claim to an industrial tribunal for unfair dismissal, in most circumstances employees will need to have worked continuously for the organisation for one year. There are other types of claim, for example regarding unpaid wages, holiday entitlements or discrimination, which do not require one year's continuous service.
The Employment Rights (Increase of Limits) Order (Northern Ireland) 2021
This Order increases, from 6th April 2021, the limits applying to certain awards of industrial tribunals, the Fair Employment Tribunal or Labour Relations Agency statutory arbitration. Examples of these rates include the maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or various awards, including the basic or additional award of compensation for unfair dismissal is now £566. The limit on amount of guarantee payment payable to an employee in respect of any day is now £30.00. The other rates can be found in the Schedule to the Order.