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Dismissal
Employees can be dismissed for reasons such as gross misconduct or a fundamental breach of contract. A fair and robust process should be followed where all parties have certain rights and responsibilities.
Types of employment status
There are different types of employment status, including agency workers, apprentices, piece workers, posted workers and young workers. Further information on each is provided below.
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.
604 Employment Protection (Continuity of Employment) Regulations (Northern Ireland) 1996
These Regulations, as of 2nd February 1997, revoke and replace the Industrial Relations (Continuity of Employment) Regulations of 1994 and relate to maintenance of continuity of employment where a dismissed employee is reinstated or re-engaged in certain circumstances.
Early Conciliation
The Labour Relations Agency provides an Early Conciliation service following a change in NI employment law which took effect on 27 January 2020. This service helps to resolve workplace disputes in a legally binding way, without the need to take a case to the Industrial or Fair Employment Tribunal. Click below for more information or to make an Early Conciliation notification.
Giving and Accepting Notice
If the employer or employee wishes to end the employment relationship they must give each other notice.
Induction
When an employee starts work, the employer has a duty of care towards them. This includes making sure that they can do the job safely and competently.
280 Code of Practice (Picketing) (Appointed day) Order (Northern Ireland) 1998
This Order stipulates 1st September 1998 as the date whereupon the Code comes into effect.
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.
Hours of work
The amount of hours and employee works for employer should be clearly laid out in the employment contract.