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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.
Leave for Flexible working hearings
Parents of children under the age of seventeen (or disabled children under the age of eighteen) and carers of adults have the right to apply to their employer to work more flexibly.
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).
Dependants Leave
An employee is allowed a reasonable amount of time to deal with unexpected or sudden emergencies concerning a dependant. This is unpaid unless contractual arrangements state otherwise.
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.
242 Suspension from Work on Maternity Grounds (Merchant Shipping and Fishery Vessels) Order (Northern Ireland) 1998
These Regulations require that in certain circumstances new or expectant mothers shall be suspended from work for health and safety reasons.
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.
Constructive dismissal
An employee may make a claim of constructive dismissal if they feel they had no choice but to resign, for example if they feel that there has been a fundamental breach or change to their contract.
192 (C.9) Employment Rights (Time off for Study and Training) (1998 Order)(Commencement) Order (Northern Ireland) 2000
This Order brings into operation on 1/9/00 the provisions of the Employment Rights (Time off for study or training) (Northern Ireland) Order 1998.
The Statutory Parental Bereavement Pay (Administration) Regulations (Northern Ireland) 2022
These Regulations provide for the funding of employers’ liabilities to make payments of statutory parental bereavement pay; they also impose obligations on employers in connection with such payments and confer powers on the Commissioners for Her Majesty’s Revenue and Customs (“the Commissioners”).
Under regulation 3, an employer is entitled to an amount equal to 92 per cent. of payments made by the employer of statutory parental bereavement pay, or the whole of such payments if the employer is a small employer. Regulations 4 to 7 provide for employers to be reimbursed through deductions from income tax, national insurance and other payments that they would otherwise make to the Commissioners, and for the Commissioners to fund payments to the extent that employers cannot be fully reimbursed in this way. Regulation 8 enables the Commissioners to recover overpayments to employers.
Regulation 9 requires employers to maintain records relevant to the payment of statutory parental bereavement pay to employees or former employees, and regulation 10 empowers officers of Revenue and Customs to inspect, copy or remove employers’ payment records.
Regulation 11 requires an employer who decides not to make any, or any further, payments of statutory parental bereavement pay to an employee or a former employee to give that person the details of the decision and the reasons for it. Regulations 12 and 13 provide for officers of Revenue and Customs to determine issues relating to a person’s entitlement to statutory parental bereavement pay. Regulation 14 provides for employers, employment agencies, persons claiming statutory parental bereavement pay and others to furnish information or documents to an officer of Revenue and Customs on request.