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Annual Review of Employment Law 2020
We have published the narrative and video links (part 1 and part 2) of our Annual Review of Employment Law 2020, which has been delivered through a number of partnership events by our Director of Employment Relations Services, Mark McAllister.
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.
Trade Union duties and activities
An employee who is an official of an independent trade union which is recognised by the employer must be allowed reasonable time off with pay during working hours to:
Public holidays and bank holidays
Employees are not automatically entitled to paid time off for bank and public holidays.
Whistleblowing
The Public Interest Disclosure (Northern Ireland) Order 1998 protects those who report serious wrongdoing in the workplace from dismissal or detrimental treatment as a result of their whistleblowing.
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.
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.
Job Hunting or to Arrange Training when Facing Redundancy
An employee who is being made redundant and who has been continuously employed by the same employer for at least two years is entitled, whilst under notice, to take reasonable time off with pay within working hours to look for another job, or to make arrangements for training for future employment.
Pay in Lieu of Notice (PILON)
A payment in lieu of notice is made in circumstances where an employee is not required to work their notice period but is paid a sum of money instead.
Pay Day
Employers should indicate to their employees when and how they will receive their pay.