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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.
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.
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.
Pay in Lieu of Notice (PILON)
A payment in lieu of notice is made in circumstances where an employee is not required to work their notice period but is paid a sum of money instead.
Working Time Regulations
In addition to the rights outlined around qualifying periods, a number of other rights and responsibilities exist. These relate to rest breaks, the number of hours a worker can be required to work and paid leave.
Starting out
There is lots to think about when starting a new job, or when hiring new staff. It is important that there are good processes in place so that everyone meets their responsibilities and everyone’s rights are protected.
Tests and checks
Employers can do various checks to make sure future employees can do the job they are being hired to do, that they are entitled to work in Northern Ireland, and that they are not barred from working with vulnerable groups.
Annual Review of Employment Law 2020
We have published the narrative and video links (part 1 and part 2) of our Annual Review of Employment Law 2020, which has been delivered through a number of partnership events by our Director of Employment Relations Services, Mark McAllister.
Induction
When an employee starts work, the employer has a duty of care towards them. This includes making sure that they can do the job safely and competently.