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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.
Job Hunting or to Arrange Training when Facing Redundancy
An employee who is being made redundant and who has been continuously employed by the same employer for at least two years is entitled, whilst under notice, to take reasonable time off with pay within working hours to look for another job, or to make arrangements for training for future employment.
No.497 Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003
These Regulations implement European Directive 2000/78/EC establishing a general framework for equal treatment in employment so far as it relates to discrimination on the grounds of sexual orientation.
Potential Problems at Christmas Time
The Labour Relations Agency Workplace Information Service receives enquiries every Christmas from businesses with questions and problems.
To help you prepare and avoid potential issues we have compiled some frequently asked questions which we receive each Christmas season.
Qualifying periods
Most people are entitled to the rights outlined below. However, in many cases, qualifying conditions must be fulfilled before a right may be claimed. Some rights apply to all employees as soon as they start work; others depend on factors such as length of service, continuity of employment and activities in addition to the job, for example, union work.
8 Equal Opportunities (Employment Legislation) (Territorial Limits) Regulations (Northern Ireland) 2000
These Regulations relate to the “posting” of workers in terms of equality of treatment between men and women and other provisions on non-discrimination are extended to said postal workers. (Workers who, for a limited period, carry out work in another Member State).
421 The Disability Discrimination (Meaning of Disability) Regulations (Northern Ireland) 1996
These Regulations provide for the established definition of a disability for the purposes of the 1995 Act, that is, a physical or mental impairment which has a substantial and long term adverse effect on the person’s ability to carry out normal day to day activities.
391 Disability Discrimination (Exemption for Small Employers) Order (Northern Ireland) 1998
This Order lowers the small employer exemption threshold (available under Section 7 (1)) from 20 employees to 15 employees.
Contractor versus Employee versus Worker
Employees, workers and contractors have different rights and responsibilities.
No.318 Race Relations Order (Seamen Recruited Abroad) Order (Northern Ireland) 2003
This Order reduces the scope of the exception under Article 11 of the Race Relations (NI) Order 1997 but there are still aspects of discrimination not covered.