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419 The Disability Discrimination (Employment) Regulations (Northern Ireland) 1996
These Regulations provide for circumstances whereupon treatment of a disabled employee or failure to make a reasonable adjustment is justified: where pay is linked to performance, where there are uniform rates of contribution to an occupational pension scheme regardless of benefits received, where building works complied with (and continue to comply with) the building regulations in relations to disabled access and facilities.
No 86 The Work and Families Act (Northern Ireland) 2015 (Commencement, Transitional Provisions and Savings) Order (Northern Ireland) 2015
These Regulations were made on 2/3/15 and provide for The Department for Employment and Learning in exercising their powers under the Work and Families Act (NI) 2015 to detail which components of the legislation will commence on 15/3/15 for the purposes of making regulations and enabling the parents of children expected to be born or placed for adoption from 5/4/15 to avail of shared parental leave and pay and associated entitlements for working parents (see Statutory Rules below – eg SR’s 95-103).
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.
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.
Misconduct and gross misconduct
Disciplinary issues arise when the employer has concerns about an employee’s conduct, absence from work or the way they are performing in their job. They may start a disciplinary procedure which could lead to disciplinary action (including dismissal in more serious cases).
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.
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.
No.103 The Race Relations (Interest on Awards) (Amendment) Order (Northern Ireland) 2007
This Order amends the 1997 order of the same name by clarifying that cases on which interest is calculated does not include an award in respect of costs, allowances or preparation time.
No.521 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2003
This Order amends the 2000 Order of the same name which specifies a number of persons or bodies as public authorities for certain purposes under the Fair Employment and Treatment (NI) Order 1998.
No 507 The Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2007
This Order amends the 2004 Order of the same name by amending those specified persons or bodies as public authorities for certain purposes under the Fair Employment and Treatment (NI) Order 1998.