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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.
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).
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.
Preventing relationship problems
The best way to prevent relationship problems is to have policies and procedures that are fair, constructive and clear and there should be constructive communication to address issues as quickly as possible. We can help you to check if your policies and procedures are in line with best practice.
However, where relationships have been damaged by events in the workplace, the Labour Relations Agency can provide impartial and confidential mediation, conciliation or arbitration support to help resolve the situation.
Deducting training costs from final pay
This section covers deducting training costs from final pay.
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.
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.
Induction
When an employee starts work, the employer has a duty of care towards them. This includes making sure that they can do the job safely and competently.
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.
Annual Closedowns
Employers may elect to close their business at certain times of the year. (Christmas/new year)