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Disciplinary matters
February 2016
This Information Note provides guidance on general principles in relation to discipline. It is not a substitute for the Agency’s Code of Practice on Disciplinary and Grievance Procedures.
Disciplinary procedures
Disciplinary procedures are used for dealing with problems with employees' conduct or their performance, which could lead to warnings or dismissal.
Bereavement Leave
Employees are sometimes entitled to paid bereavement leave if someone close to them dies. All employees are entitled to reasonable time off without pay to arrange or attend the funeral of a dependant.
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Discrimination
Employers have a legal duty to ensure that they do not treat an individual less favourably on any grounds related to their age, gender, marital status, disability, race/nationality, sexual orientation, religious belief or political opinion.
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.
Dismissal
Employees can be dismissed for reasons such as gross misconduct or a fundamental breach of contract. A fair and robust process should be followed where all parties have certain rights and responsibilities.
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.
Ending employment
When employment contracts end through resignation, retirement, dismissal or redundancy, there are rights and responsibilities for both the employer and employee.
Calculating holiday entitlement
A worker is entitled to 5.6 weeks paid annual leave per year. This entitlement starts on the day the employee begins employment.