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Advice on Managing Sickness Absence
This guide tries to answer some questions you might ask when an employee is absent from work due to sickness or unauthorised absence.
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.
Employee representatives
Employees who act as representatives for consultation about redundancies or business transfers, or are candidates to be representatives of this kind, are entitled to reasonable time off with pay during working hours to perform these functions and to receive appropriate training.
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.
Whistleblowing
The Public Interest Disclosure (Northern Ireland) Order 1998 protects those who report serious wrongdoing in the workplace from dismissal or detrimental treatment as a result of their whistleblowing.
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).
Collective Conciliation Explained
Collective Conciliation is facilitated or assisted negotiation where an Agency conciliator helps employers and employees (normally via trade unions) to try to reach mutually acceptable settlements of their collective disputes.
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.
Mediation Explained
Mediation works by using a neutral Labour Relations Agency mediator to assist parties involved in a workplace conflict or dispute to reach a satisfactory solution to workplace disputes that both sides are able to agree to.