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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.
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.
Personal grievances
Grievances are concerns, problems or complaints that employees may raise with their employers.
Collective bargaining
This is one method that employers use to work with trade unions or works councils to negotiate matters such as terms and conditions of employment for certain groups or all their employees.
Bullying and harassment
Everyone should be treated with dignity and respect at work. Bullying or harassment of any kind should not be tolerated.
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.
Deductions from pay - employees
If the amount you have been paid differs from what is expected, speak with your employer first to check what has happened. Your employer can then either correct the mistake or explain why there is a change in your pay.
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.
Statutory Adoption Pay
One of the qualifying conditions for receipt of SAP is to have average weekly earnings (before tax) of £123 or more (April 2024).
Restraint of Trade
Restraint of trade, also known as ‘restrictive covenants’ help organisations to protect themselves against competitors getting access to their confidential or commercially sensitive information.