The Trade Union and Labour Relations (Northern Ireland) Order 1995 Trade unions must compile and maintain registers of their members with their names and addresses. They must be kept up-to-date. The records may be kept electronically. Members are entitled to a copy of an entry in the register, on request. Upon failure, they may apply […]
Rules which seek to limit a person’s access to the court or require determination or conciliation under the union rules are limited in effect. If a member or former member of a trade union begins proceedings in court in relation to a matter to which the legislation applies, then if he has previously made a […]
There is a procedure for recognition of trade unions. A trade union seeking recognition may make a request. Only a trade union with a certificate of independence may request recognition. It is valid only if the employer or associated employers employ at least 21 workers or have done so within the previous 13 weeks. If, […]
Employment legislation does not require an employer to pay wages at any particular time or form, whether in cash, cheque, or credit transfer. Formerly, legislation required payment in cash. However, there are payments in respect of unauthorized deductions. These apply not just to employees but also to persons under contracts of apprenticeship, Crown officers, and […]
The Public Interest Disclosure (Northern Ireland) Order 1998 provides the legislative basis for whistleblowing in the public interest. A protected disclosure is a qualifying disclosure made by an employee in accordance with the procedures below. A qualifying disclosure is a disclosure which, in the reasonable opinion of the employee making the disclosure, tends to show […]
Before making a complaint to an Industrial Tribunal, an employee should seek to resolve the dispute by agreement. This should be done through the business’s own grievance procedure, where it exists. Employers and employees may seek assistance from the reconciliation officer of the Labour Relations Agency. The time limit for an application to the Industrial […]
Automatic Unfair Grounds There are certain circumstances where the grounds for dismissal are deemed automatically unfair. They include the following:- trade union membership; trade union activities; closed shop dismissal i.e. dismissal for refusing to become a member of an independent trade union; the assertion of a statutory right; pregnancy; refusing to work because of well-grounded […]
The onus is on the employer to show that the dismissal is fair. The employer must positively show that one of the potentially fair grounds is applicable in the circumstances. The Tribunal must be satisfied that the employer acted reasonably, considering the size and administrative resources of the undertaking. An employee is deemed constructively dismissed […]
There are statutory immunities in respect of industrial action provided the industrial action complies with certain conditions. In the absence of statutory immunities, employees, trade unions, and trade union officials may be subject to bringing a civil action in calling strikes and for actions taken in the course of a strike to discourse or dissuade […]
The Northern Ireland Act, which has an effect on the Constitution of Northern Ireland, establishes the Equality Commission for Northern Ireland. It consists of between 14 and 20 commissioners appointed by the Secretary of State. It assumes the functions of the Fair Employment Commission, the Equal Opportunities Commission for Northern Ireland, the Commission for Racial […]
