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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.
Agency worker
An agency worker is someone who is supplied by an employment business/agency to work for the hirer under a contract of employment or other such contract as agreed between the employment business/agency and the hirer.
Starting out
There is lots to think about when starting a new job, or when hiring new staff. It is important that there are good processes in place so that everyone meets their responsibilities and everyone’s rights are protected.
Arbitration services
Those who have submitted a tribunal claim will also be offered access to the Labour Relations Agency’s Arbitration Scheme which offers a quick, non–legalistic, less formal, confidential and more cost effective alternative to a tribunal hearing.
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.
Time off for trade union duties and activities
An employee who is an official of an independent trade union is entitled to paid time off in certain circumstances.
Discrimination when hiring
Fair treatment is not just a moral and legal obligation but makes good business sense. Employers who treat employees fairly will be best placed to recruit and retain staff in an increasingly diverse and competitive labour market.
Interviews
When replies to the job advertisement have been received, it is appropriate to:
• match applications against the job description and person specification;
• eliminate applicants who do not have the basic requirements for the job; and
• draw up a shortlist of candidates for interview.
Escalating unresolved issues
Some issues in the workplace cannot be resolved informally so it is important that there is a fair and clear escalation process where each side meets their responsibilities. The Labour Relations Agency can offer information, flowcharts and codes of practice to help. We also offer confidential and impartial conciliation, mediation and arbitration services to help parties resolve issues without needing to go to tribunal.
The Agency is a public body with statutory responsibilities so there is no charge for our services.
Resolving problems
Issues and problems can arise in any workplace. If not resolved they can cause lasting damage to individuals, to the business and to relationships. It is important to ensure there are fair processes in place to deal with problems and that organisations adopt a best practice approach. We run free training seminars and briefings and have guides, template policies and flowcharts to help. Where additional support is needed we offer free, impartial and confidential conciliation, mediation and arbitration services.