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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.
Leave without pay
There may be circumstances where an employee is required to take unpaid leave from their employment.
Redundancy
When employers wish to make employees redundant they must follow a clear and fair process. The Labour Relations Agency has a redundancy flowchart which can help employers and employees in this situation.
Warnings and other disciplinary action
Warnings in the workplace should be part of a disciplinary process and they should be designed to allow employees to change a particular behaviour within a given timeframe. They should be given as quickly as possible after the behaviour occurs. Any sanctions should be proportionate to the alleged offence.
Time off for trade union duties and activities
An employee who is an official of an independent trade union is entitled to paid time off in certain circumstances.
Selecting and appointing
The final stage in the recruitment and selection process is the most important — choosing the best person for the job.
Redundancy pay
The statutory redundancy payment scheme aims to ensure that people who are dismissed through no fault of their own receive compensation. Employees who meet certain requirements are statutorily entitled to a lump sum from their employer.
Advertising the job
An employer has an obligation to ensure that recruitment advertising is carried out in a non-discriminatory manner.
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.
Holidays and final pay
Employers must pay their employees for statutory holidays (contractual holidays may differ) that have been built up but not taken at the time they leave their employment.