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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.
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.
Bereavement Leave
Employees are sometimes entitled to paid bereavement leave if someone close to them dies. All employees are entitled to reasonable time off without pay to arrange or attend the funeral of a dependant.
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.
Dismissal
Employees can be dismissed for reasons such as gross misconduct or a fundamental breach of contract. A fair and robust process should be followed where all parties have certain rights and responsibilities.
Early Conciliation
The Labour Relations Agency provides an Early Conciliation service following a change in NI employment law which took effect on 27 January 2020. This service helps to resolve workplace disputes in a legally binding way, without the need to take a case to the Industrial or Fair Employment Tribunal. Click below for more information or to make an Early Conciliation notification.
No. 62 The Statutory Maternity Pay (General) (Amendment) Regulations (Northern Ireland) 2005
These Regulations amend the 1987 Regulations to provide for continuity of employment in respect of a dismissal where a woman commences a statutory dispute resolution procedure and as a consequence of the procedure is reinstated or re-engaged by her employer (on or after 6/4/05).
Breach of Contract
If an employer fundamentally breaches a contract of employment, it could lead to the employee resigning. If an employee fundamentally breaches a contract of employment he or she could be dismissed.
Bullying and harassment
Everyone should be treated with dignity and respect at work. Bullying or harassment of any kind should not be tolerated.
No 149 The Maternity Allowance (Curtailment) Regulations (Northern Ireland) 2015
These Regulations enable a woman to end her Maternity Allowance early so that an eligible person (a spouse, civil partner, partner or the child’s father) can take the remaining number of untaken weeks of Maternity Allowance as shared parental pay and/or shared parental leave.