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Who is an employee?
There are differences between ‘employees’, ‘workers’ and ‘contractors’. These differences in status can affect rights and responsibilities in the workplace.
Hiring
A positive recruitment experience gets the working relationship off to the best start. It is important to follow a number of steps and adopt a best practice approach.
Landmark Holiday Pay case concluded by UK Supreme Court
The long awaited decision from the Supreme Court in the case of Chief Constable of Police Service of Northern Ireland v Agnew and others [UKSC33] was passed down on the 04/10/2023.
In essence the case was about how to properly calculate holiday pay and how far back claims can go where the amount was miscalculated.
Other types of leave
There are various other types of leave including: garden leave; time off for public duties; and study / training leave.
Increase in statutory rates and limits on tribunal awards 2024
April sees the increase to the National living and minimum wage rates, minimum rates for agricultural workers, statutory redundancy pay, statutory payments including SSP and limits on tribunal awards.
New rates for National Minimum Wage and National Living Wage
From the 1st of April 2024, the changes in respect of the above are as follows:
* If you are 21 and over, you will be entitled to £11.44 per hour (National Living Wage)
* If you are between 18-20, you are entitled to £8.60
* If you are under 18 or an Apprentice, you will be entitled to £6.40
Please note that to avail of the National Minimum Wage you must be at least of school leaving age
In Northern Ireland this means If you turn 16 during the school year (between the 1st of September and the 1st of July) you can leave school after the 30th of June.
If you turn 16 between 2 July and 31 August you can’t leave school until 30 June the following year.
You can access the relevant legislation by clicking on the link below
https://www.legislation.gov.uk/uksi/2024/432/made
Trade unions
The Industrial Relations (Northern Ireland) Order 1992 defines a trade union as “an organisation (whether permanent or temporary) which … consists wholly or mainly of workers of one or more descriptions and is an organisation whose principal purposes include the regulation of relations between workers … and employers or employers’ associations.
Sharp rise in redundancy enquiries to the Labour Relations Agency
Our Workplace Information Service have observed a notable surge in enquiries from both employees and employers regarding redundancy.
Contracts of employment
Employers must provide a contract of employment which sets out the terms and conditions of employment.
The Employment Rights (Increase of Limits) Order (Northern Ireland) 2021
This Order increases, from 6th April 2021, the limits applying to certain awards of industrial tribunals, the Fair Employment Tribunal or Labour Relations Agency statutory arbitration. Examples of these rates include the maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or various awards, including the basic or additional award of compensation for unfair dismissal is now £566. The limit on amount of guarantee payment payable to an employee in respect of any day is now £30.00. The other rates can be found in the Schedule to the Order.