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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).
No 156 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011
These Regulations amend the Sex Discrimination (Northern Ireland) Order 1976 (“the 1976 Order”) to give full effect in Northern Ireland to Articles 2(1)(b) (indirect discrimination) and 17(1) (Defence of rights) of Council Directive 2006/54/EC of 5th July 2006 (“the Directive”) on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast).
No. 298 The Additional Statutory Paternity Pay (Adoption from Overseas) (Northern Ireland) 2010
The Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2010, the Employment Rights (Northern Ireland) Order 1996 (Application of Article 112BB to Adoptions from Overseas) Regulations (Northern Ireland) 2010 and the Additional Paternity Leave (Adoptions from Overseas) Regulations (Northern Ireland) 2010 apply the entitlement to Additional Paternity Leave and Pay (with necessary modifications) to eligible parents who are adopting a child from overseas.
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.
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.
No 86 The Work and Families Act (Northern Ireland) 2015 (Commencement, Transitional Provisions and Savings) Order (Northern Ireland) 2015
These Regulations were made on 2/3/15 and provide for The Department for Employment and Learning in exercising their powers under the Work and Families Act (NI) 2015 to detail which components of the legislation will commence on 15/3/15 for the purposes of making regulations and enabling the parents of children expected to be born or placed for adoption from 5/4/15 to avail of shared parental leave and pay and associated entitlements for working parents (see Statutory Rules below – eg SR’s 95-103).
The Social Security Benefits Up-rating Order (Northern Ireland) 2024
This Order, which corresponds to an Order (S.I. 2024/242) made by the Secretary of State for Work and Pensions under sections 150, 150A, 151 and 151A of the Social Security Administration Act 1992, alters the rates and amounts of certain social security benefits and other sums.
Part 2 relates to social security benefits, pensions and allowances.
Article 3 and Schedule 1 alter the rates of benefits and increases of benefit (except those referred to in Article 3(2)) specified in Parts I, III, IV and V of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Contributions and Benefits Act”).
Article 4 increases the rates and amounts of certain pensions and allowances under the Contributions and Benefits Act.
Article 5 increases the sums payable as part of a Category A or Category B retirement pension under sections 11(1) and 13(2) and (3) of the Pension Schemes (Northern Ireland) Act 1993 on account of increases in guaranteed minimum pensions.
Article 6 increases the rates and amounts relating to the state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 including the full rate, amounts exceeding the full rate, the rate of increments and inherited increments.
Article 7 specifies the dates from which the sums specified for rates or amounts of benefits in Articles 3, 4, 5, 6, 11, 12 and 13 are altered.
Article 8 increases the rate of statutory sick pay.
Article 9 increases the rate of statutory maternity pay.
Article 10 increases the rates of statutory paternity pay, statutory adoption pay, statutory shared parental pay and statutory parental bereavement pay.
Article 11 increases the rate of graduated retirement benefit.
Article 12 increases the amount of a Category C retirement pension.
Article 13 increases the prescribed maximum additional pension for the purposes of section 52(3) of the Contributions and Benefits Act.
Article 14 increases the rates of disability living allowance.
Article 15 increases the rates of personal independence payment.
Article 16 increases the rates of age addition and the rates referred to in Article 16(2) for claimants entitled to long-term incapacity benefit in so far as they correspond to a claimant in Great Britain who was subject to regulation 2(3) of the Employment and Support Allowance (Up-rating Modification) (Transitional) Regulations 2008.
Article 17 increases the rates of transitional invalidity allowance and the rates referred to in Article 17(2) for claimants entitled to long-term incapacity benefit in so far as they correspond to a claimant in Great Britain who was subject to regulation 2(3) of the Employment and Support Allowance (Up-rating Modification) (Transitional) Regulations 2008.
Article 18 increases the rates of widowed mother’s allowance, widow’s pension and widowed parent’s allowance.
Article 19 specifies the rates of bereavement support payment.
Part 3 relates to income support and housing benefit.
Article 20 sets out the sums relevant to the applicable amount for the purposes of income support. Article 20(3) and Schedule 2 sets out certain personal allowances and Article 20(4) and (5) and Schedule 3 set out the premiums.
Article 21 provides for the percentage increase of sums payable by way of special transitional additions to income support.
Article 22 states the sum by which any income support of a person involved in a trade dispute is reduced.
Article 23 sets out the sums relevant to the applicable amount for the purposes of housing benefit. Article 23(5) and Schedule 4 sets out certain personal allowances and Article 23(7) and Schedule 5 set out the premiums.
Article 24 sets out the sums relevant to the applicable amount for the purposes of housing benefit for persons over the qualifying age for state pension credit. Article 24(5) and Schedule 6 set out the personal allowances and Article 24(6) and (7) and Schedule 7 set out the premiums.
Part 4 relates to jobseeker’s allowance.
Article 25 increases the age-related amounts for contribution-based jobseeker’s allowance.
Article 26 sets out the sums relevant to the applicable amount for the purposes of income-based jobseeker’s allowance. Article 26(3) and Schedule 8 sets out certain personal allowances; Article 26(4) and (5) and Schedule 9 set out the premiums; Article 26(6) and Schedule 10 set out the amounts of premiums relevant to joint-claim couples.
Article 27 states the sum by which any jobseeker’s allowance of a person involved in a trade dispute is reduced.
Article 28 increases the amounts of jobseeker’s allowance for the purposes of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016.
Part 5 relates to state pension credit.
Article 29 specifies sums relevant to state pension credit.
Part 6 relates to employment and support allowance.
Article 30 sets out the sums relevant to the applicable amount for the purposes of employment and support allowance under the Employment and Support Allowance Regulations (Northern Ireland) 2008. Article 30(2) and (3) and Schedule 11 increase the contributory allowance of employment and support allowance and the prescribed amounts for income-related employment and support allowance; Article 30(3), (4) and (5) and Schedule 12 sets out the premiums and Article 30(6) increases the components.
Article 31 increases the prescribed amounts for employment and support allowance set out in regulation 62 of the Employment and Support Allowance Regulations (Northern Ireland) 2016.
Part 7 relates to universal credit.
Article 32 and Schedule 13 specify the amounts relevant to universal credit.
Article 33 increases the amounts specified for the transitional severe disability premium element in paragraph 5 of Schedule 2, and paragraph 5 of Schedule 3, to the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016.
Article 34 revokes the Social Security (2023 Benefits Up-rating) Order (Northern Ireland) 2024.
Potential Problems at Christmas Time
The Labour Relations Agency Workplace Information Service receives enquiries every Christmas from businesses with questions and problems.
To help you prepare and avoid potential issues we have compiled some frequently asked questions which we receive each Christmas season.
The Statutory Parental Bereavement Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2022
These Regulations relate to the treatment under Part 12ZD of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 of persons abroad, persons who work as mariners and persons who work on the continental shelf. The effect is that certain persons who would otherwise not fulfil the qualifying conditions for entitlement to statutory parental bereavement pay because of the nature of their employment or the fact that they are outside the United Kingdom will have an entitlement to such pay.
Regulation 4 limits the application of the Regulations to cases where the person would be treated as an employee under Part 12ZD of the Act if the employment were in Northern Ireland.
Regulation 5 provides for a person who is absent from Northern Ireland but in respect of whom an employer has secondary Class 1 national insurance contribution liability to be treated as an employee for the purposes of the Part 12ZD.
Regulation 6 relaxes any time limit imposed by Part 12ZD of the Act or regulations made under it in relation to a person who cannot comply with the time limit because that person is outside the United Kingdom.
Regulation 7 treats certain classes of mariners as employees for the purposes of Part 12ZD and regulation 8 makes corresponding provision for persons working on the continental shelf
Pay Rates at a glance - April 2024 - March 2025
Each April sees the increase to the National Living and Minimum Wage rates, and other statutory rates of pay
The tables below show the current rates applicable for the above, and the revised rates which will apply from April 2024.
If you have any queries regarding these matters, please feel free to contact our Workplace Information Service on 03300 555 300