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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.
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.
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.
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.
Employee performance
Putting an effective performance management system in place is a key component in best employment practice. Clear, consistent communication and a constructive approach to employee development can bring out the best in organisations and individuals.
Discrimination when hiring
Fair treatment is not just a moral and legal obligation but makes good business sense. Employers who treat employees fairly will be best placed to recruit and retain staff in an increasingly diverse and competitive labour market.
Public holidays and bank holidays
Employees are not automatically entitled to paid time off for bank and public holidays.
Interviews
When replies to the job advertisement have been received, it is appropriate to:
• match applications against the job description and person specification;
• eliminate applicants who do not have the basic requirements for the job; and
• draw up a shortlist of candidates for interview.
Types of contracts
In addition to contracts of employment, a number of other types of contracts exist.