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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.
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.
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).
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.
Dependants Leave
An employee is allowed a reasonable amount of time to deal with unexpected or sudden emergencies concerning a dependant. This is unpaid unless contractual arrangements state otherwise.
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.
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.
Redundancy
When employers wish to make employees redundant they must follow a clear and fair process. The Labour Relations Agency has a redundancy flowchart which can help employers and employees in this situation.
Tests and checks
Employers can do various checks to make sure future employees can do the job they are being hired to do, that they are entitled to work in Northern Ireland, and that they are not barred from working with vulnerable groups.
Trade Union duties and activities
An employee who is an official of an independent trade union which is recognised by the employer must be allowed reasonable time off with pay during working hours to: