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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.
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.
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).
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.
Informal actions
Whether it’s the employer who needs to raise an issue with an employee, or an employee who would like to make a complaint to their employer, it is useful to consider in the first instance whether an informal approach could be taken to resolve the matter.
Contracts of employment
A contract of employment is a legal agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. The employment contract is made as soon as a job offer is accepted.
Health & Safety at Work
Employers have a duty to protect their employees and visitors from harm. They must do risk assessments and they must report any serious incidents to the Health and Safety Executive for Northern Ireland. Employees are expected to take reasonable care of their own health and safety.
Safety Committee / Representatives
The Safety Representative and Safety Committees Regulations (Northern Ireland) 1979 apply to organisations that have recognised trade unions for collective bargaining purposes.
Contractor versus Employee versus Worker
Employees, workers and contractors have different rights and responsibilities.
Interviews
When replies to the job advertisement have been received, it is appropriate to:
• match applications against the job description and person specification;
• eliminate applicants who do not have the basic requirements for the job; and
• draw up a shortlist of candidates for interview.