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Industrial action
This section includes information on official industrial action; unofficial industrial action; repudiation of industrial action; and lawful industrial action.
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.
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.
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.
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.
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.