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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.
Statutory Adoption Pay
One of the qualifying conditions for receipt of SAP is to have average weekly earnings (before tax) of £123 or more (April 2024).
Dismissal
Employees can be dismissed for reasons such as gross misconduct or a fundamental breach of contract. A fair and robust process should be followed where all parties have certain rights and responsibilities.
Restraint of Trade
Restraint of trade, also known as ‘restrictive covenants’ help organisations to protect themselves against competitors getting access to their confidential or commercially sensitive information.
Misconduct and gross misconduct
Disciplinary issues arise when the employer has concerns about an employee’s conduct, absence from work or the way they are performing in their job. They may start a disciplinary procedure which could lead to disciplinary action (including dismissal in more serious cases).
Employee representatives
Employees who act as representatives for consultation about redundancies or business transfers, or are candidates to be representatives of this kind, are entitled to reasonable time off with pay during working hours to perform these functions and to receive appropriate training.
From ‘Banter’ to ‘Abuse’?
- New Guide aims to Eradicate Sexual Harassment in the Workplace
Apprenticeship
An apprentice is someone who is engaged through an employment contract to undertake a course of training and learning in order to practice a skilled trade or profession.
Statutory Shared Parental Pay (ShPP)
From April 2024 Statutory Shared Parental Pay will paid at £184.03 per week or 90% of average weekly earnings (AWE), whichever is lower.
Economy Minister welcomes new legislation to protect Northern Ireland workers
Economy Minister Diane Dodds has welcomed new employment legislation which will benefit workers across Northern Ireland.
The Employment Rights (Northern Ireland) Order 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order (Northern Ireland) 2021 extends protections against detriment in health and safety cases to workers in relation to any action they may take to protect themselves or others where they reasonably believe there is serious and imminent danger in their place of work.
It will come into operation on 31 May 2021. At present, these protections cover only employees.
The Order must be approved by a resolution of the Assembly within six months of coming into operation. It must therefore be confirmed on or before 31 November 2021.
The move has its origins in a Judicial Review brought by the Independent Workers Union of Great Britain against the Secretary of State for Work and Pensions and the Health and Safety Executive in Great Britain.
A High Court Judgment was published in November which directed that the Health and Safety Framework Directive and the Personal Protection Equipment (PPE) Directive should apply to a wider group of workers, not just employees.
Minister Dodds said: “This Order is about more than about responding appropriately to the decision of a High Court ruling. It will also give clarity to business and individuals.
“As businesses emerge from lockdown, everyone will need to be protected during the transition back to the workplace.
“This Order will allow some of our most vulnerable workers the legal protection they need to act to ensure their own safety and the safety of others without fear of suffering detriment for doing the right thing. This includes protecting them against being denied promotion or training opportunities.”