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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.
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).
Industrial tribunals
To make a claim to an industrial tribunal for unfair dismissal, in most circumstances employees will need to have worked continuously for the organisation for one year. There are other types of claim, for example regarding unpaid wages, holiday entitlements or discrimination, which do not require one year's continuous service.
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.
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.
Agency worker
An agency worker is someone who is supplied by an employment business/agency to work for the hirer under a contract of employment or other such contract as agreed between the employment business/agency and the hirer.
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.
Trade Union duties and activities
An employee who is an official of an independent trade union which is recognised by the employer must be allowed reasonable time off with pay during working hours to:
Time off for trade union duties and activities
An employee who is an official of an independent trade union is entitled to paid time off in certain circumstances.
Details a written statement must contain
Employers are required to provide employees with a written statement of particulars of employment within two months of the commencement of employment.