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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.
Discrimination when hiring
Fair treatment is not just a moral and legal obligation but makes good business sense. Employers who treat employees fairly will be best placed to recruit and retain staff in an increasingly diverse and competitive labour market.
Employee-led Early Conciliation
From 27 January 2020 anyone who wishes to lodge a claim with the Industrial or Fair Employment Tribunal must first notify the Labour Relations Agency and discuss the option of Early Conciliation. You will not be able to proceed to tribunal without at least considering this option.
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.
No 42 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2020
This Order increases, from 6th April 2020, the limits applying to certain awards of industrial tribunals, the Fair Employment Tribunal or Labour Relations Agency statutory arbitration. Examples of these rates include the maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or various awards, including the basic or additional award of compensation for unfair dismissal is now £560. The limit on amount of guarantee payment payable to an employee in respect of any day is now £30.00. The other rates can be found in the Schedule to the Order.
Pay in Lieu of Notice (PILON)
A payment in lieu of notice is made in circumstances where an employee is not required to work their notice period but is paid a sum of money instead.
Collective bargaining
This is one method that employers use to work with trade unions or works councils to negotiate matters such as terms and conditions of employment for certain groups or all their employees.
The Employment Rights (Increase of Limits) Order (Northern Ireland) 2021
This Order increases, from 6th April 2021, the limits applying to certain awards of industrial tribunals, the Fair Employment Tribunal or Labour Relations Agency statutory arbitration. Examples of these rates include the maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or various awards, including the basic or additional award of compensation for unfair dismissal is now £566. The limit on amount of guarantee payment payable to an employee in respect of any day is now £30.00. The other rates can be found in the Schedule to the Order.
Flexible working - the essence of a ‘good job’?
“Redefining the concept of a ‘good’ job, which embraces flexibility in all its forms, is a necessity if we’re to achieve a more inclusive and productive economy.”
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.