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Advice on Agreeing and Changing Contracts of Employment
This Guide is intended to give general advice and guidance about the main legal considerations which may arise when employers or employees wish to make changes to the contract of employment
Employer-led Early Conciliation
Early Conciliation is available to employers who are dealing with a workplace dispute which could result in a claim being made to the Industrial or Fair Employment Tribunal. The employer's representative can also contact us to request Early Conciliation on the employer's behalf.
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.
Job applications
There are two main options for inviting applications to job vacancies:
• providing a job application form to be completed and returned, or;
• asking applicants to send a copy of their curriculum vitae (CV).
No 169 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2015
This Order comes into operation on 22/3/15 and essentially it revises the limits on awards and payments under certain employment rights legislation in line with the rate of inflation.
No 81 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2012
This Order increases, from 4/3/12, the limits applying to certain awards of Industrial Tribunals and other amounts payable under employment legislation as specified in the Schedule to the Order.
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).
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.
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.
465 Equal Pay (Amendment) Regulations (Northern Ireland) 1996
These Regulations provide for an Industrial Tribunal to have greater procedural discretion in equal value pay claims in relation to the use (or not) of independent experts.