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Preparing for the hiring process
Taking the time to carefully plan the hiring process is important and ensures that you hire an employee with the right mix of skills and characteristics for the job.
The Cost of Workplace Conflict Podcast
Recent research has estimated the cost of workplace conflict for employers in Northern Ireland to be £851 million per year.
For the fifth podcast in our series on "Challenging Workplaces", we are joined by one of the authors of the research, Professor Richard Saundry from Westminster University, along with Nicola Barber, Chair of CIPD Northern Ireland, and our own Director of Employment Services, Mark McAllister, to discuss the topic and how managerial capability could help reduce these costs.
No 86 The Work and Families Act (Northern Ireland) 2015 (Commencement, Transitional Provisions and Savings) Order (Northern Ireland) 2015
These Regulations were made on 2/3/15 and provide for The Department for Employment and Learning in exercising their powers under the Work and Families Act (NI) 2015 to detail which components of the legislation will commence on 15/3/15 for the purposes of making regulations and enabling the parents of children expected to be born or placed for adoption from 5/4/15 to avail of shared parental leave and pay and associated entitlements for working parents (see Statutory Rules below – eg SR’s 95-103).
No 320 The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order (Northern Ireland) 2012
This Order comes into on 10/9/12 and essentially amends the Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (“the 2009 Order”) by revoking the provisions in the 2009 Order which provided that certain people should not be treated as vulnerable adults or as providing regulated activity to children or to vulnerable adults, in light of the changes to the definitions of vulnerable adult, regulated activity relating to children and regulated activity relating to vulnerable adults in Schedule 7 to the Protection of Freedoms Act 2012 (“the 2012 Act”).
Suspension
An employer may decide to suspend an employee temporarily from work if they are involved in a disciplinary situation, or for maternity or medical reasons. Usually an employee who is suspended is entitled to their normal pay during their suspension.
Dismissal
Employees can be dismissed for reasons such as gross misconduct or a fundamental breach of contract. A fair and robust process should be followed where all parties have certain rights and responsibilities.
The Statutory Parental Bereavement Pay (Administration) Regulations (Northern Ireland) 2022
These Regulations provide for the funding of employers’ liabilities to make payments of statutory parental bereavement pay; they also impose obligations on employers in connection with such payments and confer powers on the Commissioners for Her Majesty’s Revenue and Customs (“the Commissioners”).
Under regulation 3, an employer is entitled to an amount equal to 92 per cent. of payments made by the employer of statutory parental bereavement pay, or the whole of such payments if the employer is a small employer. Regulations 4 to 7 provide for employers to be reimbursed through deductions from income tax, national insurance and other payments that they would otherwise make to the Commissioners, and for the Commissioners to fund payments to the extent that employers cannot be fully reimbursed in this way. Regulation 8 enables the Commissioners to recover overpayments to employers.
Regulation 9 requires employers to maintain records relevant to the payment of statutory parental bereavement pay to employees or former employees, and regulation 10 empowers officers of Revenue and Customs to inspect, copy or remove employers’ payment records.
Regulation 11 requires an employer who decides not to make any, or any further, payments of statutory parental bereavement pay to an employee or a former employee to give that person the details of the decision and the reasons for it. Regulations 12 and 13 provide for officers of Revenue and Customs to determine issues relating to a person’s entitlement to statutory parental bereavement pay. Regulation 14 provides for employers, employment agencies, persons claiming statutory parental bereavement pay and others to furnish information or documents to an officer of Revenue and Customs on request.
The Statutory Parental Bereavement Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2022
These Regulations relate to the treatment under Part 12ZD of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 of persons abroad, persons who work as mariners and persons who work on the continental shelf. The effect is that certain persons who would otherwise not fulfil the qualifying conditions for entitlement to statutory parental bereavement pay because of the nature of their employment or the fact that they are outside the United Kingdom will have an entitlement to such pay.
Regulation 4 limits the application of the Regulations to cases where the person would be treated as an employee under Part 12ZD of the Act if the employment were in Northern Ireland.
Regulation 5 provides for a person who is absent from Northern Ireland but in respect of whom an employer has secondary Class 1 national insurance contribution liability to be treated as an employee for the purposes of the Part 12ZD.
Regulation 6 relaxes any time limit imposed by Part 12ZD of the Act or regulations made under it in relation to a person who cannot comply with the time limit because that person is outside the United Kingdom.
Regulation 7 treats certain classes of mariners as employees for the purposes of Part 12ZD and regulation 8 makes corresponding provision for persons working on the continental shelf
Warnings and other disciplinary action
Warnings in the workplace should be part of a disciplinary process and they should be designed to allow employees to change a particular behaviour within a given timeframe. They should be given as quickly as possible after the behaviour occurs. Any sanctions should be proportionate to the alleged offence.
Selecting and appointing
The final stage in the recruitment and selection process is the most important — choosing the best person for the job.