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Hiring
A positive recruitment experience gets the working relationship off to the best start. It is important to follow a number of steps and adopt a best practice approach.
419 The Disability Discrimination (Employment) Regulations (Northern Ireland) 1996
These Regulations provide for circumstances whereupon treatment of a disabled employee or failure to make a reasonable adjustment is justified: where pay is linked to performance, where there are uniform rates of contribution to an occupational pension scheme regardless of benefits received, where building works complied with (and continue to comply with) the building regulations in relations to disabled access and facilities.
Qualifying periods
Most people are entitled to the rights outlined below. However, in many cases, qualifying conditions must be fulfilled before a right may be claimed. Some rights apply to all employees as soon as they start work; others depend on factors such as length of service, continuity of employment and activities in addition to the job, for example, union work.
No 27 The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2014
On 14/4/14 this Order comes into operation and amongst other things it amends the Rehabilitation of Offenders (Exceptions) Order 1979 (“the 1979 Order”)
Types of problems
Problems can arise in any workplace. Below are some examples, though not an exhaustive list. Employers, employees and their representatives may find it helpful to refer to the Labour Relations Agency's codes of practice, sample letters, flowcharts and guides. Our service is confidential and all our resources are free of charge to anyone working to prevent or resolve a workplace issue in Northern Ireland.
Unfair dismissal claim
There are several ways a dismissal could be considered unfair.
No 42 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2020
This Order increases, from 6th April 2020, the limits applying to certain awards of industrial tribunals, the Fair Employment Tribunal or Labour Relations Agency statutory arbitration. Examples of these rates include the maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or various awards, including the basic or additional award of compensation for unfair dismissal is now £560. The limit on amount of guarantee payment payable to an employee in respect of any day is now £30.00. The other rates can be found in the Schedule to the Order.
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 277 The Additional Statutory Paternity Pay (General) (Amendment) Regulations Northern Ireland 2011
These Regulations, operational from 14/8/11, amend the Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010 (“the Principal Regulations”) to correct a drafting error in regulation 14 of those Regulations.
No. 62 The Statutory Maternity Pay (General) (Amendment) Regulations (Northern Ireland) 2005
These Regulations amend the 1987 Regulations to provide for continuity of employment in respect of a dismissal where a woman commences a statutory dispute resolution procedure and as a consequence of the procedure is reinstated or re-engaged by her employer (on or after 6/4/05).