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Early Conciliation Notification Form
The Early Conciliation notification form can be either be downloaded from our website below, or can be collected from either our Belfast office or Regional Office. You can complete the form and post it to either our office in Belfast or our Regional office. The addresses are noted below.
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The Industrial Tribunals and Fair Employment Tribunal (Early Conciliation: Exemptions and Rules of Procedure) Regulations (Northern Ireland) 2020
The Employment Act (Northern Ireland) 2016 amended the Industrial Tribunals (Northern Ireland) Order 1996 and the Fair Employment and Treatment (Northern Ireland) Order 1998 to introduce a requirement for prospective claimants to contact the Labour Relations Agency before they are able to present a claim to an industrial tribunal or the Fair Employment Tribunal. This requirement applies to claims which are relevant proceedings under Article 20(1) of the Industrial Tribunals Order or Article 38 of the Fair Employment and Treatment Order.
Regulation 3 sets out the circumstances in which a claimant may present a claim dealing with relevant proceedings without complying with the requirement for early conciliation.
The exemption in regulation 3(1)(a) relates to claimants who are presenting a claim on the same claim form as other claimants or joining a claim which has already been presented to an industrial tribunal or the Fair Employment Tribunal by another claimant (so called ‘multiples’); in such circumstances, a claimant may rely upon the fact that another claimant has complied with the requirement for early conciliation and has a certificate from the Agency.
The exemption in regulation 3(1)(b) means that if a claim for relevant proceedings appears on the same claim form as proceedings which are not relevant proceedings, there is no need for a claimant to satisfy the early conciliation requirement in relation to those relevant proceedings.
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.
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.
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).
Rests and breaks
Employees are entitled to breaks for meals and to rest. As far as possible employers should provide breaks, facilities and comfortable surroundings for additional needs such as breastfeeding or expressing milk.
Types of problems
Problems can arise in any workplace. Below are some examples, though not an exhaustive list. Employers, employees and their representatives may find it helpful to refer to the Labour Relations Agency's codes of practice, sample letters, flowcharts and guides. Our service is confidential and all our resources are free of charge to anyone working to prevent or resolve a workplace issue in Northern Ireland.
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).
Ending employment
When employment contracts end through resignation, retirement, dismissal or redundancy, there are rights and responsibilities for both the employer and employee.
No 93 The Shared Parental Leave Regulations (Northern Ireland) 2015
These Regulations come into operation on 15/3/15 and by way of summary the Shared Parental Leave Regulations (Northern Ireland) 2015 (“the Leave Regulations”), in association with the Statutory Shared Parental Pay (General) Regulations (Northern Ireland) 2015 (“the Pay Regulations”) provide an entitlement for a mother/adopter and a child’s father/adoptive parent or a mother’s or adopter’s partner to take shared parental leave and pay.