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Annual holidays
Most workers - whether part-time or full-time - are legally entitled to 5.6 weeks' paid annual leave. Employers can set the times of the year that leave needs to be taken and workers must give the employer notice when they want to take leave.
Fair Employment (School Teachers) Act (Northern Ireland) 2022
This legislation was enacted by the Northern Ireland Assembly in 2022 and came into effect on 12th May 2024.
From this date, it will be unlawful to discriminate on the grounds of religious or philosophical belief or political opinion in respectof the recruitment or promotion of teachers in schools in Northern Ireland.
Prior to 2003, FETO, and its predecessors, did not prohibit discrimination on the grounds of religious or philosophical belief or political opinion in relation to any aspect of the employment of school teachers. That was due to the effects of article 71 of FETO, commonly known as the teachers’ exception.
This situation changed through a process that began in 2003 when an EU equality law, Council Directive 2000/78/EC, required the exception to be modified and
narrowed. As a result, and since then, FETO has prohibited discrimination on its equality grounds in relation to most aspects of the employment of teachers in
schools; e.g. in relation to pay, training, absence and performance management,
dismissal, harassment.
Despite that change, FETO’s prohibition of discrimination did not apply to the recruitment or promotion of teachers in schools due to the continuing effects of one part of the article 71 exception that remained.
The remaining gap in coverage was filled on 12 May 2024 with the inrtoduction of this legislation.
Employee-led Early Conciliation
From 27 January 2020 anyone who wishes to lodge a claim with the Industrial or Fair Employment Tribunal must first notify the Labour Relations Agency and discuss the option of Early Conciliation. You will not be able to proceed to tribunal without at least considering this option.
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.
Bank holiday confirmed for Queen Elizabeth's funeral - guidance for employers and employees
Following the death of the Queen, a period of national mourning was announced and it will continue until the end of the day of the state funeral, Monday 19 September 2022.
There is no obligation on organisations to suspend business during the mourning period. Guidance on this can be found on the GOV.UK website here.
However, a special bank holiday has been confirmed on the day of the state funeral, Monday, 19 September 2022.
The guidance below explains how leave for special bank holidays should be handled by employers.
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).
Upcoming Events in the North West
The Labour Relations Agency, in conjunction with the Ulster University Law Society - Magee, present the following events in March and April in the North West.
Arbitration Explained
Arbitration
Arbitration involves an independent and impartial person called an arbitrator (acting alone or chairing a panel) being appointed by the Labour Relations Agency to make a decision on a dispute. This decision is based on the evidence presented by the parties to that dispute.