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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.
Fair Employment (School Teachers) Act (Northern Ireland) 2022
This legislation was enacted by the Northern Ireland Assembly in 2022 and came into effect on 12th May 2024.
From this date, it will be unlawful to discriminate on the grounds of religious or philosophical belief or political opinion in respectof the recruitment or promotion of teachers in schools in Northern Ireland.
Prior to 2003, FETO, and its predecessors, did not prohibit discrimination on the grounds of religious or philosophical belief or political opinion in relation to any aspect of the employment of school teachers. That was due to the effects of article 71 of FETO, commonly known as the teachers’ exception.
This situation changed through a process that began in 2003 when an EU equality law, Council Directive 2000/78/EC, required the exception to be modified and
narrowed. As a result, and since then, FETO has prohibited discrimination on its equality grounds in relation to most aspects of the employment of teachers in
schools; e.g. in relation to pay, training, absence and performance management,
dismissal, harassment.
Despite that change, FETO’s prohibition of discrimination did not apply to the recruitment or promotion of teachers in schools due to the continuing effects of one part of the article 71 exception that remained.
The remaining gap in coverage was filled on 12 May 2024 with the inrtoduction of this legislation.
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.
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.
No 140 The Social Security (Maternity Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 2014
These Regulations come into effect on 18/5/14 and are derived from changes brought in by reforms under Statutory Rule 102 above. Section 35B provides an entitlement to maternity allowance for women who work with a spouse or civil partner who is engaged in self-employment.
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.
No. 297 The Additional Paternity Leave Regulations (Northern Ireland) 2010
These Statutory Rules introduce Additional Paternity Leave and Pay, giving eligible employees (usually fathers) a right to take up to six months’ leave from their employment to care for a child, if the child’s mother or (in the case of adoptions) the primary adopter returns to work without exercising their full entitlement to maternity leave.
The National Minimum Wage (Amendment) (No. 2) Regulations 2020
The purpose of these regulations is to reduce burdens on businesses employing salaried staff (those paid an annual salary in equal instalments) from complying with the NMW rules, without removing protections or benefits for workers.
4 Race Relations (Prescribed Public Bodies) Regulations (Northern Ireland) 1998
These Regulations prescribe certain public bodies under and for the purposes of Article 71 (5) of the Race Relations (Northern Ireland) Order 1997 relating to employment rules relevant to service of the Crown or certain public bodies.
No 320 The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order (Northern Ireland) 2012
This Order comes into on 10/9/12 and essentially amends the Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (“the 2009 Order”) by revoking the provisions in the 2009 Order which provided that certain people should not be treated as vulnerable adults or as providing regulated activity to children or to vulnerable adults, in light of the changes to the definitions of vulnerable adult, regulated activity relating to children and regulated activity relating to vulnerable adults in Schedule 7 to the Protection of Freedoms Act 2012 (“the 2012 Act”).