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Who is an employee?
There are differences between ‘employees’, ‘workers’ and ‘contractors’. These differences in status can affect rights and responsibilities in the workplace.
Calculation of Holiday entitlement for Term Time/Part year Workers
The Supreme Court decision handed down in the case of Harpur Trust v Brazel on 20th July 2022 has now provided clarity on how statutory leave entitlement for workers who are described as part year workers (i.e. workers who work for varying hours during only certain weeks of the year but have a continuing contract throughout that year), should be calculated.
Workplace policies
Clear workplace policies and procedures help organisations to be productive, efficient and maintain high levels of staff morale. Ensuring that everyone knows how and why things are done is a key component in establishing best employment practice. Check out our free 'Employment Document Toolkit' to create your own policies and procedures that adhere to legal requirements and best practice, and which meet the particular needs of your organisation.
Pay and wages
Employees and workers receive some form of payment in return for the work they do.
Parental bereavement leave and pay legislation arrives
Following its passage through the Assembly, the legislation for Parental Bereavement Leave and Pay comes in to effect in Northern Ireland from the 6th April 2022.
More information on the legislation can be found on our dedicated legislation pages (click the link at the top of the page) or by calling our Workplace Information Service on 03300 555 300
Rights and responsibilities
Both employers and employees have certain rights and responsibilities towards each other. Some will apply to everyone in the workplace, while others will be dependent on the individual’s working status.
Wider list of healthcare professionals to sign fit notes from July 2022
The list of those who can sign Fit Notes will change from 1 July 2022 to include registered nurses, occupational therapists, pharmacists and physiotherapists, in addition to doctors. Find the legislation here.
Economy Minister welcomes new legislation to protect Northern Ireland workers
Economy Minister Diane Dodds has welcomed new employment legislation which will benefit workers across Northern Ireland.
The Employment Rights (Northern Ireland) Order 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order (Northern Ireland) 2021 extends protections against detriment in health and safety cases to workers in relation to any action they may take to protect themselves or others where they reasonably believe there is serious and imminent danger in their place of work.
It will come into operation on 31 May 2021. At present, these protections cover only employees.
The Order must be approved by a resolution of the Assembly within six months of coming into operation. It must therefore be confirmed on or before 31 November 2021.
The move has its origins in a Judicial Review brought by the Independent Workers Union of Great Britain against the Secretary of State for Work and Pensions and the Health and Safety Executive in Great Britain.
A High Court Judgment was published in November which directed that the Health and Safety Framework Directive and the Personal Protection Equipment (PPE) Directive should apply to a wider group of workers, not just employees.
Minister Dodds said: “This Order is about more than about responding appropriately to the decision of a High Court ruling. It will also give clarity to business and individuals.
“As businesses emerge from lockdown, everyone will need to be protected during the transition back to the workplace.
“This Order will allow some of our most vulnerable workers the legal protection they need to act to ensure their own safety and the safety of others without fear of suffering detriment for doing the right thing. This includes protecting them against being denied promotion or training opportunities.”
Resolving problems
Issues and problems can arise in any workplace. If not resolved they can cause lasting damage to individuals, to the business and to relationships. It is important to ensure there are fair processes in place to deal with problems and that organisations adopt a best practice approach. We run free training seminars and briefings and have guides, template policies and flowcharts to help. Where additional support is needed we offer free, impartial and confidential conciliation, mediation and arbitration services.
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.