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Unfair dismissal claim
There are several ways a dismissal could be considered unfair.
Fall Back Scheme – Parental leave
The Maternity and Parental Leave Regulations (Northern Ireland) 1999 introduced a right to Parental Leave for parents of any child under the age of 18.
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.
Deductions
This section covers deduction from pay for employers and employees.
Statutory Maternity Pay (SMP)
Women expecting a baby who satisfy the qualifying conditions are entitled to a maximum of 39 weeks SMP.
Rests and breaks
Employees are entitled to breaks for meals and to rest. As far as possible employers should provide breaks, facilities and comfortable surroundings for additional needs such as breastfeeding or expressing milk.
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.
Mediation
An independent mediator can sometimes help resolve grievance or disciplinary issues. There is no charge for using the Labour Relations Agency's mediation service.
Labour Relations Agency (Customer Standards of Service March 2024)
You can access the Labour Relations Agency's Customer Standards of Service by clicking on the link below
Calculating holiday entitlement
A worker is entitled to 5.6 weeks paid annual leave per year. This entitlement starts on the day the employee begins employment.