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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.
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.
Types of contracts
In addition to contracts of employment, a number of other types of contracts exist.
Informal actions
Whether it’s the employer who needs to raise an issue with an employee, or an employee who would like to make a complaint to their employer, it is useful to consider in the first instance whether an informal approach could be taken to resolve the matter.
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.
Health & Safety at Work
Employers have a duty to protect their employees and visitors from harm. They must do risk assessments and they must report any serious incidents to the Health and Safety Executive for Northern Ireland. Employees are expected to take reasonable care of their own health and safety.
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.
Preventing relationship problems
The best way to prevent relationship problems is to have policies and procedures that are fair, constructive and clear and there should be constructive communication to address issues as quickly as possible. We can help you to check if your policies and procedures are in line with best practice.
However, where relationships have been damaged by events in the workplace, the Labour Relations Agency can provide impartial and confidential mediation, conciliation or arbitration support to help resolve the situation.
Working Time Regulations
In addition to the rights outlined around qualifying periods, a number of other rights and responsibilities exist. These relate to rest breaks, the number of hours a worker can be required to work and paid leave.
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.