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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.
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.
Giving and Accepting Notice
If the employer or employee wishes to end the employment relationship they must give each other notice.
Whistleblowing
The Public Interest Disclosure (Northern Ireland) Order 1998 protects those who report serious wrongdoing in the workplace from dismissal or detrimental treatment as a result of their whistleblowing.
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.
Employer-led Early Conciliation
Early Conciliation is available to employers who are dealing with a workplace dispute which could result in a claim being made to the Industrial or Fair Employment Tribunal. The employer's representative can also contact us to request Early Conciliation on the employer's behalf.
Disciplinary procedures
Disciplinary procedures are used for dealing with problems with employees' conduct or their performance, which could lead to warnings or dismissal.
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.
Statutory Paternity Pay
When your wife, partner or civil partner gives birth or adopts a child, you may be entitled to Statutory Paternity Pay.
Independent appeals
The Agency also facilitates a range of independent appeals (mainly grievance, bullying / harassment and discipline), for example where the final stage of an organisation’s procedure offers the option of 'an independent appeal of the decision via the Labour Relations Agency'.