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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.
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.
Types of contracts
In addition to contracts of employment, a number of other types of contracts exist.
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.
Escalating unresolved issues
Some issues in the workplace cannot be resolved informally so it is important that there is a fair and clear escalation process where each side meets their responsibilities. The Labour Relations Agency can offer information, flowcharts and codes of practice to help. We also offer confidential and impartial conciliation, mediation and arbitration services to help parties resolve issues without needing to go to tribunal.
The Agency is a public body with statutory responsibilities so there is no charge for our services.
Time off for trade union duties and activities
An employee who is an official of an independent trade union is entitled to paid time off in certain circumstances.
Redundancy
When employers wish to make employees redundant they must follow a clear and fair process. The Labour Relations Agency has a redundancy flowchart which can help employers and employees in this situation.