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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.
Pension scheme trustees and directors of trustee companies
Employees who are trustees of an occupational pension scheme (as defined in Section 1 of the Pension Schemes (Northern Ireland) Act 1993) or directors of trustee companies are entitled to reasonable time off with pay to carry out any of their trustee’s duties, or to receive training relevant to those duties.
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.
Rests and breaks
Employees are entitled to breaks for meals and to rest. As far as possible employers should provide breaks, facilities and comfortable surroundings for additional needs such as breastfeeding or expressing milk.
Statutory Sick Pay
Employers are responsible for the payment of Statutory Sick Pay (SSP) for periods of illness of four days or more up to a total of 28 weeks' absence in any one period of incapacity for work.
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.
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.
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.
Preparing for the hiring process
Taking the time to carefully plan the hiring process is important and ensures that you hire an employee with the right mix of skills and characteristics for the job.