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Landmark Holiday Pay case concluded by UK Supreme Court
The long awaited decision from the Supreme Court in the case of Chief Constable of Police Service of Northern Ireland v Agnew and others [UKSC33] was passed down on the 04/10/2023.
In essence the case was about how to properly calculate holiday pay and how far back claims can go where the amount was miscalculated.
Discrimination
Employers have a legal duty to ensure that they do not treat an individual less favourably on any grounds related to their age, gender, marital status, disability, race/nationality, sexual orientation, religious belief or political opinion.
Disciplinary procedures
Disciplinary procedures are used for dealing with problems with employees' conduct or their performance, which could lead to warnings or dismissal.
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.
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.
Labour Relations Agency retains Bronze Diversity Mark
The Labour Relations Agency has successfully retained the Bronze Diversity Charter Mark in recognition of their ongoing commitment to diversity and inclusion within the workplace.
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 performance
Putting an effective performance management system in place is a key component in best employment practice. Clear, consistent communication and a constructive approach to employee development can bring out the best in organisations and individuals.
Arbitration services
Those who have submitted a tribunal claim will also be offered access to the Labour Relations Agency’s Arbitration Scheme which offers a quick, non–legalistic, less formal, confidential and more cost effective alternative to a tribunal hearing.
231 Sex Discrimination Code of Practice (Recruitment and Selection) (Appointed day) Order (Northern Ireland) 1998
The Code of Practice for removing sex bias from recruitment and selection comes into effect on 3rd August 1998 and the Code can be admitted in evidence to County Court or Industrial Tribunal if deemed relevant to any question in proceedings.