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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.
Resignation and termination of employment
A contract of employment may be ended with the agreement of both parties, or by the employer or employee giving the required amount of notice.
Redundancy pay
The statutory redundancy payment scheme aims to ensure that people who are dismissed through no fault of their own receive compensation. Employees who meet certain requirements are statutorily entitled to a lump sum from their employer.
The Industrial Tribunals and Fair Employment Tribunal (Early Conciliation: Exemptions and Rules of Procedure) Regulations (Northern Ireland) 2020
The Employment Act (Northern Ireland) 2016 amended the Industrial Tribunals (Northern Ireland) Order 1996 and the Fair Employment and Treatment (Northern Ireland) Order 1998 to introduce a requirement for prospective claimants to contact the Labour Relations Agency before they are able to present a claim to an industrial tribunal or the Fair Employment Tribunal. This requirement applies to claims which are relevant proceedings under Article 20(1) of the Industrial Tribunals Order or Article 38 of the Fair Employment and Treatment Order.
Regulation 3 sets out the circumstances in which a claimant may present a claim dealing with relevant proceedings without complying with the requirement for early conciliation.
The exemption in regulation 3(1)(a) relates to claimants who are presenting a claim on the same claim form as other claimants or joining a claim which has already been presented to an industrial tribunal or the Fair Employment Tribunal by another claimant (so called ‘multiples’); in such circumstances, a claimant may rely upon the fact that another claimant has complied with the requirement for early conciliation and has a certificate from the Agency.
The exemption in regulation 3(1)(b) means that if a claim for relevant proceedings appears on the same claim form as proceedings which are not relevant proceedings, there is no need for a claimant to satisfy the early conciliation requirement in relation to those relevant proceedings.
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
No 89 The Statutory Paternity Pay and Statutory Adoption Pay (General) (Amendment) Regulations (Northern Ireland) 2015
The purpose of these Regulations, which come into operation on 15/3/15, is to align the notification period for statutory paternity pay (SPP) (birth and adoption) with the notification period for statutory paternity leave (SPL) (birth and adoption); to align the provisions for varying the choice of when a period of SPP (birth and adoption) will begin with those for SPL (birth and adoption); to align the time for providing information and evidence regarding entitlement to SPP (birth and adoption) with that for providing notice; and to provide that if it is not reasonably practicable to meet the relevant deadline then it must be met as soon as is reasonably practicable.
Payslips
Employers are legally obliged to provide employees with an itemised pay statement. These are usually called payslips or wage slips.
Employee-led Early Conciliation
From 27 January 2020 anyone who wishes to lodge a claim with the Industrial or Fair Employment Tribunal must first notify the Labour Relations Agency and discuss the option of Early Conciliation. You will not be able to proceed to tribunal without at least considering this option.
Contractor versus Employee versus Worker
Employees, workers and contractors have different rights and responsibilities.
Mediation
An independent mediator can sometimes help resolve grievance or disciplinary issues. There is no charge for using the Labour Relations Agency's mediation service.