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Breach of Contract
If an employer fundamentally breaches a contract of employment, it could lead to the employee resigning. If an employee fundamentally breaches a contract of employment he or she could be dismissed.
Right to work in Northern Ireland
It is important that an employer checks that a job applicant is allowed to work in the UK before they can employ them. An employer could face a civil penalty if they employ an illegal worker and have not carried out a correct right to work check.
Employers must check the applicant's identity and nationality and make sure that they have the relevant immigration permission or visa in place.
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.
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.
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.
Tests and checks
Employers can do various checks to make sure future employees can do the job they are being hired to do, that they are entitled to work in Northern Ireland, and that they are not barred from working with vulnerable groups.
LRA Pride Discussion Encourages Workplace Respect
This week the Labour Relations Agency (LRA) marked Belfast’s Pride Festival week by hosting a panel discussion to help businesses and organisations manage workplace conversations on diversity issues, which some may regard as ‘difficult’ or ‘sensitive’.
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.