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Informal actions
Whether it’s the employer who needs to raise an issue with an employee, or an employee who would like to make a complaint to their employer, it is useful to consider in the first instance whether an informal approach could be taken to resolve the matter.
From ‘Banter’ to ‘Abuse’?
- New Guide aims to Eradicate Sexual Harassment in the Workplace
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).
Leave for Flexible working hearings
Parents of children under the age of seventeen (or disabled children under the age of eighteen) and carers of adults have the right to apply to their employer to work more flexibly.
Antenatal Care
All pregnant employees are entitled to time off to keep appointments for antenatal care made on the advice of a registered medical practitioner, registered midwife or registered health visitor.
A person in a qualifying relationship with the pregnant employee is entitled to unpaid time off work to accompany the expectant mother to two antenatal appointments.
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.”
Constructive dismissal
An employee may make a claim of constructive dismissal if they feel they had no choice but to resign, for example if they feel that there has been a fundamental breach or change to their contract.
Agency worker
An agency worker is someone who is supplied by an employment business/agency to work for the hirer under a contract of employment or other such contract as agreed between the employment business/agency and the hirer.
Labour Relations Agency’s New North West Office Open for Business
The Labour Relations Agency has moved to a new location in Derry/Londonderry’s Richmond Chambers in The Diamond. The more accessible city centre office has newly refurbished seminar and meeting rooms for the delivery of the Agency’s dispute resolution and advisory services.
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.