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 […]
General The right to collective bargaining is a recognised part of the right to join a trade union protected under the Human Rights Act. There is a statutory mechanism whereby trade unions may seek recognition from employers. Where it is recognised for collective bargaining either voluntarily or under the statutory provisions, further statutory rights and […]
Ballot There is a requirement for a prior ballot to approve an industrial action. The requirements are complex and somewhat technical. At least seven days’ prior notice of the ballot must be given to the employer. The ballot paper must be furnished to it. The must be an independent scrutineer (with n exception for certain […]
General Industrial action may range from an all-out strike to more limited action such as a work-to-rule overtime ban. Industrial action in the absence of the legal immunities available to official industrial action may raise legal issues for employers and unions taking part. Employees may be in breach of their contract of employment unless they […]
Nature of Trade Unions The law on trade unions was consolidated in 1992 and has been amended a number of occasions since then. A trade union is an organisation (whether temporary or permanent) which consists wholly or mainly of workers of one or more descriptions and whose principal purposes include the regulation of relations between […]