The Essential Guide to Employment Contracts

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Features

J for Judicial Review of the Right to be Accompanied

Posted in: Essential Guide to Employment Contracts on 18/11/2014 Kiera Lee, writes: In the case of AB v Down District Council [2012] NICA 60 the Court of Appeal in Northern Ireland considered whether an employee had the right to be legally represented in disciplinary proceedings. The case considered the authorities on the question and the additional element of t...
Features

I for Implications of Sleeping on the Job!

Posted in: Essential Guide to Employment Contracts on 16/09/2014 Kiera Lee, writes: The Employment Appeal Tribunal in England recently considered whether a worker is entitled to be paid National Minimum Wage (NMW) during a night shift on which she was entitled to sleep if not needed for emergency purposes. This case Esparon t/a Middle West Residential Care Home ...
Features

H for Harsh Words - Age Discrimination

Posted in: Essential Guide to Employment Contracts on 22/07/2014 Kiera Lee, writes: 197 claims were lodged in the Employment Tribunals in 2013 for discrimination on the grounds of age. This is an increase of 100% on claims than was lodged in 2011. This together with recent headline cases is a reminder that employers need to be aware that age is a protected chara...
Features

G for Gallop v Newport

Posted in: Essential Guide to Employment Contracts on 20/05/2014 Kiera Lee, writes: GALLOP V NEWPORT CITY COUNCIL [2013] EWCA CIV 1583 - DECIDING IF AN EMPLOYEE IS DISABLED This case deals with the question of what the employer’s role is in deciding whether an employee meets the legal definition of disability and whether an employer is entitled to rely on a medi...
Features

F for Focus on Whistleblowing

Posted in: Essential Guide to Employment Contracts on 08/04/2014 Kiera Lee, writes: The Public Interest Disclosure (Northern Ireland) Order 1998 inserts provisions into the Employment Rights (Northern Ireland) Order 1996 (the ERO) which provides protection for an individual who makes a disclosure (whistle blowing) in good faith to their employer or other third p...
Features

E for Enforcement of National Minimum Wage

Posted in: Essential Guide to Employment Contracts on 28/01/2014 Kiera Lee, writes: Changes to the Penalties for Breach of the National Mimimum Wage Act The national minimum wage (NMW) was introduced in 1999 by the National Minimum Wage Act 1998 and by the National Minimum Wage Regulations 1999. It is a minimum rate of pay to which workers (with a few exceptions...
This article is listed under the following topics:
Pay and Conditions of Employment
Features

D for Dealing with Change

Posted in: Essential Guide to Employment Contracts on 10/12/2013 Kiera Lee, writes: The Service Provisions Change (Protection of Employment ) Regulations (Northern Ireland) 2006 (the Regulations) established that subject to certain qualifying conditions the principles of transfer of undertakings would apply where a business insources, outsources or assigns servi...
Features

C for Casual Workers

Posted in: Essential Guide to Employment Contracts on 08/10/2013 Kiera Lee writes: The term Casual worker has no legal definition. It generally refers to workers engaged on an ad hoc basis. Despite that intention the arrangement may result in a more formal relationship. The recent case of Drake v Ipsos Mori UK Ltd [2012] UKEAT/0604/11 is a reminder of this. Casu...
Features

B for Business Transfers

Posted in: Essential Guide to Employment Contracts on 30/07/2013 Kiera Lee writes: Although the market for sale and acquisitions of businesses in Northern Ireland is not as buoyant as it was in the recent past, employers need to be aware that the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Service Provision Change (Protection of ...
This article is listed under the following topics:
Pensions
Features

A for Absence

Posted in: Essential Guide to Employment Contracts on 06/06/2013 Kiera Lee writes:The UK Government has recognised employers need help in navigating and managing absence issues. Report on the issues available at: http://webarchive.nationalarchives.gov.uk/+/http://www.dwp.gov.uk/docs/health-at-work-gov-response.pdf The UK government are setting up a state-funded ...