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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.
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).
Leave for Flexible working hearings
Parents of children under the age of seventeen (or disabled children under the age of eighteen) and carers of adults have the right to apply to their employer to work more flexibly.
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.
Right to work in Northern Ireland
It is important that an employer checks that a job applicant is allowed to work in the UK before they can employ them. An employer could face a civil penalty if they employ an illegal worker and have not carried out a correct right to work check.
Employers must check the applicant's identity and nationality and make sure that they have the relevant immigration permission or visa in place.
Employee performance
Putting an effective performance management system in place is a key component in best employment practice. Clear, consistent communication and a constructive approach to employee development can bring out the best in organisations and individuals.
Independent appeals
The Agency also facilitates a range of independent appeals (mainly grievance, bullying / harassment and discipline), for example where the final stage of an organisation’s procedure offers the option of 'an independent appeal of the decision via the Labour Relations Agency'.
Hiring young people
There are certain laws that protect the employment rights of young workers. Such laws are around health and safety, what jobs young workers can do, when they can work and how many hours they can work. If you want to employ young people — in some cases, this can include people up to the age of 25 — it is important to be aware of your legal responsibilities.
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.
Conciliation services
We offer free conciliation services to help parties involved in a workplace dispute to come to a legally binding resolution, without needing to go through a public tribunal. We offer both individual conciliation and collective conciliation, for example where an issue affects a number of employees.