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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.
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.
Statutory Shared Parental Pay (ShPP)
From April 2024 Statutory Shared Parental Pay will paid at £184.03 per week or 90% of average weekly earnings (AWE), whichever is lower.
Breach of Contract
If an employer fundamentally breaches a contract of employment, it could lead to the employee resigning. If an employee fundamentally breaches a contract of employment he or she could be dismissed.
Job applications
There are two main options for inviting applications to job vacancies:
• providing a job application form to be completed and returned, or;
• asking applicants to send a copy of their curriculum vitae (CV).
Antenatal Care
All pregnant employees are entitled to time off to keep appointments for antenatal care made on the advice of a registered medical practitioner, registered midwife or registered health visitor.
A person in a qualifying relationship with the pregnant employee is entitled to unpaid time off work to accompany the expectant mother to two antenatal appointments.
Deducting training costs from final pay
This section covers deducting training costs from final pay.
Garden Leave
Garden leave is a term used to describe a situation whereby an employee who has resigned from their employment or who has been dismissed by the employer is not required to work their notice and instead remains at home during the period of notice.
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).
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.