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Upcoming Events in the North West
The Labour Relations Agency, in conjunction with the Ulster University Law Society - Magee, present the following events in March and April in the North West.
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.
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.
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.
Redundancy
When employers wish to make employees redundant they must follow a clear and fair process. The Labour Relations Agency has a redundancy flowchart which can help employers and employees in this situation.
Time off for trade union duties and activities
An employee who is an official of an independent trade union is entitled to paid time off in certain circumstances.
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.
Hiring young people
There are certain laws that protect the employment rights of young workers. Such laws are around health and safety, what jobs young workers can do, when they can work and how many hours they can work. If you want to employ young people — in some cases, this can include people up to the age of 25 — it is important to be aware of your legal responsibilities.
New rates for National Minimum Wage and National Living Wage
From the 1st of April 2024, the changes in respect of the above are as follows:
* If you are 21 and over, you will be entitled to £11.44 per hour (National Living Wage)
* If you are between 18-20, you are entitled to £8.60
* If you are under 18 or an Apprentice, you will be entitled to £6.40
Please note that to avail of the National Minimum Wage you must be at least of school leaving age
In Northern Ireland this means If you turn 16 during the school year (between the 1st of September and the 1st of July) you can leave school after the 30th of June.
If you turn 16 between 2 July and 31 August you can’t leave school until 30 June the following year.
You can access the relevant legislation by clicking on the link below
https://www.legislation.gov.uk/uksi/2024/432/made