Managing bereavement and returning to work
Benefits of supporting bereaved employees
Supporting your employee through bereavement not only helps them but can also benefit your business.
While many bereaved employees will be able to manage their loss reasonably well, others can struggle to cope. Grief can interfere with an individual's thought processes, concentration and sleep patterns.
This can impact their work and relationships with managers and colleagues.
Using a well-managed approach to bereavement could help them to cope better - knowing that they are supported by their employer can help them through the process.
Other benefits to managing bereavement effectively include:
- helping the employee to return to productivity
- helping to reduce absenteeism
- addressing the impact on other employees
- strengthening employees' morale
Developed withActionsAlso on this siteContent category
Source URL
/content/benefits-supporting-bereaved-employees
Links
Managing bereavement law and discrimination
The law around managing bereavement and how to ensure discrimination does not occur.
All employees have the legal right to a 'reasonable' amount of unpaid time off to deal with an emergency, such as a bereavement involving a dependant.
This could be a spouse, partner, child, grandchild, parent, or someone who depends on the employee for care.
'Reasonable' is not defined in law and will depend on the situation, but is likely to cover the time needed to arrange or attend a dependant's funeral. You do not have to pay an employee for this time away from work but many employers offer paid special or compassionate leave.
See parental leave and time off for dependants.
Parental Bereavement Leave and Pay
Parental Bereavement Leave and Pay has been introduced in Northern Ireland from 6 April 2022. It entitles eligible workers to two weeks' statutory paid leave following the death of a child or stillbirth. A 26-week qualification period is in place for Statutory Parental Bereavement Pay. See Parental Bereavement Leave and Pay.
Discrimination on the grounds of religious belief
You should consider any request for time off in connection with bereavement from an employee in a reasonable and objective manner.
The Fair Employment and Treatment (Northern Ireland) Order 1998, as amended, protects employees from discrimination because of their religion or belief.
You should try and accommodate religious beliefs and customs where it would be reasonable and practicable to do so.
Many religions have bereavement requirements and you should carefully consider these against the business reasons for not observing the belief or custom.
Discrimination because of disability
For some employees, the effects of loss and grief can amount to a disability (eg depression) where the effects are long-term (generally defined as lasting or likely to last over a year) and the impact affects the employee's ability to undertake day-to-day activities.
An employee with a disability has the right to reasonable adjustments and you should take reasonable actions to reduce or remove the effect of the impairment on the employee at work.
You should also ensure your employees are aware of the disability and be alert to recognise it, especially when the performance or absence of a bereaved employee becomes a concern over the longer term.
Read more on how to prevent discrimination and value diversity.
In addition, read Equality Commission guidance for employers.
Addressing bullying and harassment
Bullying
Bullying can include offensive or insulting behaviour by another employee which makes an individual feel threatened or the humiliation of an employee.
Harassment
Harassment is defined as any unwanted conduct related to race, age, sex, marital/civil partnership status, gender reassignment, disability, religion/belief or sexual orientation that has the purpose or effect of either:
- violating the dignity of an individual
- creating an intimidating, hostile, degrading, humiliating or offensive environment for an individual
You should be alert to inappropriate behaviour following bereavement. Absence through bereavement can place burdens on co-workers and line managers.
A bereaved employee may be pressurised (inadvertently or otherwise) or bullied/harassed into returning to work or performing their duties to the same level as they did before the death.
The intentions of the bully/harasser do not matter - what is important is the impact that the behaviour has on the employee who is being bullied/harassed.
Read more on bullying and harassment.
Developed withActionsAlso on this siteContent category
Source URL
/content/managing-bereavement-law-and-discrimination
Links
Steps to take when managing bereavement
How to deal with the immediate aftermath of bereavement and how why it is good practice to develop a bereavement policy.
Employers can prepare for managing bereavement in the workplace by having a bereavement policy in place. It is good practice to involve trade unions or staff representatives in developing a bereavement policy.
The Labour Relations Agency (LRA), in partnership with Cruse Bereavement Care, has developed a good practice guide on managing bereavement in the workplace.
There is a draft bereavement policy within the guide that you can use as a checklist when developing your own policy.
Dealing with the immediate aftermath of bereavement
You should recognise that the bereaved person may be feeling numb or distressed during your initial conversation, and may not be able to take in or provide much information.
A follow-up call or email may be appropriate. A calm, empathetic approach in all communications from managers will ensure employees feel supported, and minimise their anxiety about returning to work.
In the early days of an employee's bereavement, it may be appropriate to:
- Offer your condolences.
- Ensure they know that they are not expected to work on the day the death has taken place. They need to hear that work comes second and that they must take whatever time out is needed.
- Begin a dialogue with them, asking how they would like to stay in contact eg if phone or email contact is preferred and if there are particular times to avoid. Be aware that in the first few days, they may not wish to speak to anyone as they may be in shock - this should be respected and is good practice. Be careful not to pressurise them into making decisions at this point.
- Ask how much information they wish their co-workers to have about the death and remember that this information is private under data protection legislation and to stick strictly to the facts.
- Consider what action needs to be taken if the death is in the media; particularly if the press contact the workplace or approach co-workers for interview.
- Ask if the employee wishes to be contacted by their colleagues - some people might appreciate the support from their co-workers while others may prefer privacy.
- Be conscious of diversity within the workforce and the impact this may have on, for example, days taken to allow the employee to fulfil religious or cultural expectations such as mourning rituals.
- Be open to revising and reviewing the situation with the employee and keep the dialogue open.
Developed withActionsAlso on this siteContent category
Source URL
/content/steps-take-when-managing-bereavement
Links
Managing bereavement and returning to work
How to provide help and guidance when an employee is ready to return to work following a bereavement.
Following the first days of bereavement, it is important to start a dialogue that will allow an open discussion around how the employee is coping.
The discussion could also cover your policy on bereavement if you have one when the employee feels they might be ready to return to work, and any adjustments that might help with this, such as a phased return.
Each bereavement is different - some employees may feel able to return to work very swiftly, whilst others may need more time. Remember that even a swift return to work does not necessarily mean that an employee will not need support.
Carrying out regular reviews will allow you both to discuss and agree on any strategies or adjustments which may be needed to enable them to return to work. This might lead to a temporary or long-term change in, for example, hours or responsibilities.
If your business does not have an internal employee assistance programme, you should consider offering to refer them to an external organisation for bereavement counselling.
Cruse Bereavement Care can offer support, advice, and information, both to those directly affected by bereavement and to those who encounter bereaved people in the workplace.
Manage sensitive situations
Special or significant days, such as an inquest or anniversary of the death, can also be particularly difficult. Sensitivity around these times, for example, if the employee requests specific days off, will help them to manage their grief.
Over the course of a year, a bereaved employee may breach company sickness limits. You should consider whether it is appropriate to exclude some or all of the time off associated with the bereavement.
Similarly, it would be good practice to take bereavement into account should there be an impact on any aspect of the employee's work or performance.
Bereavement can also cause changes in the personal and financial circumstances of an employee eg if they become responsible for raising their children as a single parent.
You should be mindful of an individual's situation and be aware that a flexible approach is most likely to support and retain the employee and minimise sick days.
Read more on flexible working: the law and best practice.
Developed withActionsAlso on this siteContent category
Source URL
/content/managing-bereavement-and-returning-work
Links
Steps to take when managing bereavement
Benefits of supporting bereaved employees
Supporting your employee through bereavement not only helps them but can also benefit your business.
While many bereaved employees will be able to manage their loss reasonably well, others can struggle to cope. Grief can interfere with an individual's thought processes, concentration and sleep patterns.
This can impact their work and relationships with managers and colleagues.
Using a well-managed approach to bereavement could help them to cope better - knowing that they are supported by their employer can help them through the process.
Other benefits to managing bereavement effectively include:
- helping the employee to return to productivity
- helping to reduce absenteeism
- addressing the impact on other employees
- strengthening employees' morale
Developed withActionsAlso on this siteContent category
Source URL
/content/benefits-supporting-bereaved-employees
Links
Managing bereavement law and discrimination
The law around managing bereavement and how to ensure discrimination does not occur.
All employees have the legal right to a 'reasonable' amount of unpaid time off to deal with an emergency, such as a bereavement involving a dependant.
This could be a spouse, partner, child, grandchild, parent, or someone who depends on the employee for care.
'Reasonable' is not defined in law and will depend on the situation, but is likely to cover the time needed to arrange or attend a dependant's funeral. You do not have to pay an employee for this time away from work but many employers offer paid special or compassionate leave.
See parental leave and time off for dependants.
Parental Bereavement Leave and Pay
Parental Bereavement Leave and Pay has been introduced in Northern Ireland from 6 April 2022. It entitles eligible workers to two weeks' statutory paid leave following the death of a child or stillbirth. A 26-week qualification period is in place for Statutory Parental Bereavement Pay. See Parental Bereavement Leave and Pay.
Discrimination on the grounds of religious belief
You should consider any request for time off in connection with bereavement from an employee in a reasonable and objective manner.
The Fair Employment and Treatment (Northern Ireland) Order 1998, as amended, protects employees from discrimination because of their religion or belief.
You should try and accommodate religious beliefs and customs where it would be reasonable and practicable to do so.
Many religions have bereavement requirements and you should carefully consider these against the business reasons for not observing the belief or custom.
Discrimination because of disability
For some employees, the effects of loss and grief can amount to a disability (eg depression) where the effects are long-term (generally defined as lasting or likely to last over a year) and the impact affects the employee's ability to undertake day-to-day activities.
An employee with a disability has the right to reasonable adjustments and you should take reasonable actions to reduce or remove the effect of the impairment on the employee at work.
You should also ensure your employees are aware of the disability and be alert to recognise it, especially when the performance or absence of a bereaved employee becomes a concern over the longer term.
Read more on how to prevent discrimination and value diversity.
In addition, read Equality Commission guidance for employers.
Addressing bullying and harassment
Bullying
Bullying can include offensive or insulting behaviour by another employee which makes an individual feel threatened or the humiliation of an employee.
Harassment
Harassment is defined as any unwanted conduct related to race, age, sex, marital/civil partnership status, gender reassignment, disability, religion/belief or sexual orientation that has the purpose or effect of either:
- violating the dignity of an individual
- creating an intimidating, hostile, degrading, humiliating or offensive environment for an individual
You should be alert to inappropriate behaviour following bereavement. Absence through bereavement can place burdens on co-workers and line managers.
A bereaved employee may be pressurised (inadvertently or otherwise) or bullied/harassed into returning to work or performing their duties to the same level as they did before the death.
The intentions of the bully/harasser do not matter - what is important is the impact that the behaviour has on the employee who is being bullied/harassed.
Read more on bullying and harassment.
Developed withActionsAlso on this siteContent category
Source URL
/content/managing-bereavement-law-and-discrimination
Links
Steps to take when managing bereavement
How to deal with the immediate aftermath of bereavement and how why it is good practice to develop a bereavement policy.
Employers can prepare for managing bereavement in the workplace by having a bereavement policy in place. It is good practice to involve trade unions or staff representatives in developing a bereavement policy.
The Labour Relations Agency (LRA), in partnership with Cruse Bereavement Care, has developed a good practice guide on managing bereavement in the workplace.
There is a draft bereavement policy within the guide that you can use as a checklist when developing your own policy.
Dealing with the immediate aftermath of bereavement
You should recognise that the bereaved person may be feeling numb or distressed during your initial conversation, and may not be able to take in or provide much information.
A follow-up call or email may be appropriate. A calm, empathetic approach in all communications from managers will ensure employees feel supported, and minimise their anxiety about returning to work.
In the early days of an employee's bereavement, it may be appropriate to:
- Offer your condolences.
- Ensure they know that they are not expected to work on the day the death has taken place. They need to hear that work comes second and that they must take whatever time out is needed.
- Begin a dialogue with them, asking how they would like to stay in contact eg if phone or email contact is preferred and if there are particular times to avoid. Be aware that in the first few days, they may not wish to speak to anyone as they may be in shock - this should be respected and is good practice. Be careful not to pressurise them into making decisions at this point.
- Ask how much information they wish their co-workers to have about the death and remember that this information is private under data protection legislation and to stick strictly to the facts.
- Consider what action needs to be taken if the death is in the media; particularly if the press contact the workplace or approach co-workers for interview.
- Ask if the employee wishes to be contacted by their colleagues - some people might appreciate the support from their co-workers while others may prefer privacy.
- Be conscious of diversity within the workforce and the impact this may have on, for example, days taken to allow the employee to fulfil religious or cultural expectations such as mourning rituals.
- Be open to revising and reviewing the situation with the employee and keep the dialogue open.
Developed withActionsAlso on this siteContent category
Source URL
/content/steps-take-when-managing-bereavement
Links
Managing bereavement and returning to work
How to provide help and guidance when an employee is ready to return to work following a bereavement.
Following the first days of bereavement, it is important to start a dialogue that will allow an open discussion around how the employee is coping.
The discussion could also cover your policy on bereavement if you have one when the employee feels they might be ready to return to work, and any adjustments that might help with this, such as a phased return.
Each bereavement is different - some employees may feel able to return to work very swiftly, whilst others may need more time. Remember that even a swift return to work does not necessarily mean that an employee will not need support.
Carrying out regular reviews will allow you both to discuss and agree on any strategies or adjustments which may be needed to enable them to return to work. This might lead to a temporary or long-term change in, for example, hours or responsibilities.
If your business does not have an internal employee assistance programme, you should consider offering to refer them to an external organisation for bereavement counselling.
Cruse Bereavement Care can offer support, advice, and information, both to those directly affected by bereavement and to those who encounter bereaved people in the workplace.
Manage sensitive situations
Special or significant days, such as an inquest or anniversary of the death, can also be particularly difficult. Sensitivity around these times, for example, if the employee requests specific days off, will help them to manage their grief.
Over the course of a year, a bereaved employee may breach company sickness limits. You should consider whether it is appropriate to exclude some or all of the time off associated with the bereavement.
Similarly, it would be good practice to take bereavement into account should there be an impact on any aspect of the employee's work or performance.
Bereavement can also cause changes in the personal and financial circumstances of an employee eg if they become responsible for raising their children as a single parent.
You should be mindful of an individual's situation and be aware that a flexible approach is most likely to support and retain the employee and minimise sick days.
Read more on flexible working: the law and best practice.
Developed withActionsAlso on this siteContent category
Source URL
/content/managing-bereavement-and-returning-work
Links
Managing bereavement law and discrimination
Benefits of supporting bereaved employees
Supporting your employee through bereavement not only helps them but can also benefit your business.
While many bereaved employees will be able to manage their loss reasonably well, others can struggle to cope. Grief can interfere with an individual's thought processes, concentration and sleep patterns.
This can impact their work and relationships with managers and colleagues.
Using a well-managed approach to bereavement could help them to cope better - knowing that they are supported by their employer can help them through the process.
Other benefits to managing bereavement effectively include:
- helping the employee to return to productivity
- helping to reduce absenteeism
- addressing the impact on other employees
- strengthening employees' morale
Developed withActionsAlso on this siteContent category
Source URL
/content/benefits-supporting-bereaved-employees
Links
Managing bereavement law and discrimination
The law around managing bereavement and how to ensure discrimination does not occur.
All employees have the legal right to a 'reasonable' amount of unpaid time off to deal with an emergency, such as a bereavement involving a dependant.
This could be a spouse, partner, child, grandchild, parent, or someone who depends on the employee for care.
'Reasonable' is not defined in law and will depend on the situation, but is likely to cover the time needed to arrange or attend a dependant's funeral. You do not have to pay an employee for this time away from work but many employers offer paid special or compassionate leave.
See parental leave and time off for dependants.
Parental Bereavement Leave and Pay
Parental Bereavement Leave and Pay has been introduced in Northern Ireland from 6 April 2022. It entitles eligible workers to two weeks' statutory paid leave following the death of a child or stillbirth. A 26-week qualification period is in place for Statutory Parental Bereavement Pay. See Parental Bereavement Leave and Pay.
Discrimination on the grounds of religious belief
You should consider any request for time off in connection with bereavement from an employee in a reasonable and objective manner.
The Fair Employment and Treatment (Northern Ireland) Order 1998, as amended, protects employees from discrimination because of their religion or belief.
You should try and accommodate religious beliefs and customs where it would be reasonable and practicable to do so.
Many religions have bereavement requirements and you should carefully consider these against the business reasons for not observing the belief or custom.
Discrimination because of disability
For some employees, the effects of loss and grief can amount to a disability (eg depression) where the effects are long-term (generally defined as lasting or likely to last over a year) and the impact affects the employee's ability to undertake day-to-day activities.
An employee with a disability has the right to reasonable adjustments and you should take reasonable actions to reduce or remove the effect of the impairment on the employee at work.
You should also ensure your employees are aware of the disability and be alert to recognise it, especially when the performance or absence of a bereaved employee becomes a concern over the longer term.
Read more on how to prevent discrimination and value diversity.
In addition, read Equality Commission guidance for employers.
Addressing bullying and harassment
Bullying
Bullying can include offensive or insulting behaviour by another employee which makes an individual feel threatened or the humiliation of an employee.
Harassment
Harassment is defined as any unwanted conduct related to race, age, sex, marital/civil partnership status, gender reassignment, disability, religion/belief or sexual orientation that has the purpose or effect of either:
- violating the dignity of an individual
- creating an intimidating, hostile, degrading, humiliating or offensive environment for an individual
You should be alert to inappropriate behaviour following bereavement. Absence through bereavement can place burdens on co-workers and line managers.
A bereaved employee may be pressurised (inadvertently or otherwise) or bullied/harassed into returning to work or performing their duties to the same level as they did before the death.
The intentions of the bully/harasser do not matter - what is important is the impact that the behaviour has on the employee who is being bullied/harassed.
Read more on bullying and harassment.
Developed withActionsAlso on this siteContent category
Source URL
/content/managing-bereavement-law-and-discrimination
Links
Steps to take when managing bereavement
How to deal with the immediate aftermath of bereavement and how why it is good practice to develop a bereavement policy.
Employers can prepare for managing bereavement in the workplace by having a bereavement policy in place. It is good practice to involve trade unions or staff representatives in developing a bereavement policy.
The Labour Relations Agency (LRA), in partnership with Cruse Bereavement Care, has developed a good practice guide on managing bereavement in the workplace.
There is a draft bereavement policy within the guide that you can use as a checklist when developing your own policy.
Dealing with the immediate aftermath of bereavement
You should recognise that the bereaved person may be feeling numb or distressed during your initial conversation, and may not be able to take in or provide much information.
A follow-up call or email may be appropriate. A calm, empathetic approach in all communications from managers will ensure employees feel supported, and minimise their anxiety about returning to work.
In the early days of an employee's bereavement, it may be appropriate to:
- Offer your condolences.
- Ensure they know that they are not expected to work on the day the death has taken place. They need to hear that work comes second and that they must take whatever time out is needed.
- Begin a dialogue with them, asking how they would like to stay in contact eg if phone or email contact is preferred and if there are particular times to avoid. Be aware that in the first few days, they may not wish to speak to anyone as they may be in shock - this should be respected and is good practice. Be careful not to pressurise them into making decisions at this point.
- Ask how much information they wish their co-workers to have about the death and remember that this information is private under data protection legislation and to stick strictly to the facts.
- Consider what action needs to be taken if the death is in the media; particularly if the press contact the workplace or approach co-workers for interview.
- Ask if the employee wishes to be contacted by their colleagues - some people might appreciate the support from their co-workers while others may prefer privacy.
- Be conscious of diversity within the workforce and the impact this may have on, for example, days taken to allow the employee to fulfil religious or cultural expectations such as mourning rituals.
- Be open to revising and reviewing the situation with the employee and keep the dialogue open.
Developed withActionsAlso on this siteContent category
Source URL
/content/steps-take-when-managing-bereavement
Links
Managing bereavement and returning to work
How to provide help and guidance when an employee is ready to return to work following a bereavement.
Following the first days of bereavement, it is important to start a dialogue that will allow an open discussion around how the employee is coping.
The discussion could also cover your policy on bereavement if you have one when the employee feels they might be ready to return to work, and any adjustments that might help with this, such as a phased return.
Each bereavement is different - some employees may feel able to return to work very swiftly, whilst others may need more time. Remember that even a swift return to work does not necessarily mean that an employee will not need support.
Carrying out regular reviews will allow you both to discuss and agree on any strategies or adjustments which may be needed to enable them to return to work. This might lead to a temporary or long-term change in, for example, hours or responsibilities.
If your business does not have an internal employee assistance programme, you should consider offering to refer them to an external organisation for bereavement counselling.
Cruse Bereavement Care can offer support, advice, and information, both to those directly affected by bereavement and to those who encounter bereaved people in the workplace.
Manage sensitive situations
Special or significant days, such as an inquest or anniversary of the death, can also be particularly difficult. Sensitivity around these times, for example, if the employee requests specific days off, will help them to manage their grief.
Over the course of a year, a bereaved employee may breach company sickness limits. You should consider whether it is appropriate to exclude some or all of the time off associated with the bereavement.
Similarly, it would be good practice to take bereavement into account should there be an impact on any aspect of the employee's work or performance.
Bereavement can also cause changes in the personal and financial circumstances of an employee eg if they become responsible for raising their children as a single parent.
You should be mindful of an individual's situation and be aware that a flexible approach is most likely to support and retain the employee and minimise sick days.
Read more on flexible working: the law and best practice.
Developed withActionsAlso on this siteContent category
Source URL
/content/managing-bereavement-and-returning-work
Links
Benefits of supporting bereaved employees
Benefits of supporting bereaved employees
Supporting your employee through bereavement not only helps them but can also benefit your business.
While many bereaved employees will be able to manage their loss reasonably well, others can struggle to cope. Grief can interfere with an individual's thought processes, concentration and sleep patterns.
This can impact their work and relationships with managers and colleagues.
Using a well-managed approach to bereavement could help them to cope better - knowing that they are supported by their employer can help them through the process.
Other benefits to managing bereavement effectively include:
- helping the employee to return to productivity
- helping to reduce absenteeism
- addressing the impact on other employees
- strengthening employees' morale
Developed withActionsAlso on this siteContent category
Source URL
/content/benefits-supporting-bereaved-employees
Links
Managing bereavement law and discrimination
The law around managing bereavement and how to ensure discrimination does not occur.
All employees have the legal right to a 'reasonable' amount of unpaid time off to deal with an emergency, such as a bereavement involving a dependant.
This could be a spouse, partner, child, grandchild, parent, or someone who depends on the employee for care.
'Reasonable' is not defined in law and will depend on the situation, but is likely to cover the time needed to arrange or attend a dependant's funeral. You do not have to pay an employee for this time away from work but many employers offer paid special or compassionate leave.
See parental leave and time off for dependants.
Parental Bereavement Leave and Pay
Parental Bereavement Leave and Pay has been introduced in Northern Ireland from 6 April 2022. It entitles eligible workers to two weeks' statutory paid leave following the death of a child or stillbirth. A 26-week qualification period is in place for Statutory Parental Bereavement Pay. See Parental Bereavement Leave and Pay.
Discrimination on the grounds of religious belief
You should consider any request for time off in connection with bereavement from an employee in a reasonable and objective manner.
The Fair Employment and Treatment (Northern Ireland) Order 1998, as amended, protects employees from discrimination because of their religion or belief.
You should try and accommodate religious beliefs and customs where it would be reasonable and practicable to do so.
Many religions have bereavement requirements and you should carefully consider these against the business reasons for not observing the belief or custom.
Discrimination because of disability
For some employees, the effects of loss and grief can amount to a disability (eg depression) where the effects are long-term (generally defined as lasting or likely to last over a year) and the impact affects the employee's ability to undertake day-to-day activities.
An employee with a disability has the right to reasonable adjustments and you should take reasonable actions to reduce or remove the effect of the impairment on the employee at work.
You should also ensure your employees are aware of the disability and be alert to recognise it, especially when the performance or absence of a bereaved employee becomes a concern over the longer term.
Read more on how to prevent discrimination and value diversity.
In addition, read Equality Commission guidance for employers.
Addressing bullying and harassment
Bullying
Bullying can include offensive or insulting behaviour by another employee which makes an individual feel threatened or the humiliation of an employee.
Harassment
Harassment is defined as any unwanted conduct related to race, age, sex, marital/civil partnership status, gender reassignment, disability, religion/belief or sexual orientation that has the purpose or effect of either:
- violating the dignity of an individual
- creating an intimidating, hostile, degrading, humiliating or offensive environment for an individual
You should be alert to inappropriate behaviour following bereavement. Absence through bereavement can place burdens on co-workers and line managers.
A bereaved employee may be pressurised (inadvertently or otherwise) or bullied/harassed into returning to work or performing their duties to the same level as they did before the death.
The intentions of the bully/harasser do not matter - what is important is the impact that the behaviour has on the employee who is being bullied/harassed.
Read more on bullying and harassment.
Developed withActionsAlso on this siteContent category
Source URL
/content/managing-bereavement-law-and-discrimination
Links
Steps to take when managing bereavement
How to deal with the immediate aftermath of bereavement and how why it is good practice to develop a bereavement policy.
Employers can prepare for managing bereavement in the workplace by having a bereavement policy in place. It is good practice to involve trade unions or staff representatives in developing a bereavement policy.
The Labour Relations Agency (LRA), in partnership with Cruse Bereavement Care, has developed a good practice guide on managing bereavement in the workplace.
There is a draft bereavement policy within the guide that you can use as a checklist when developing your own policy.
Dealing with the immediate aftermath of bereavement
You should recognise that the bereaved person may be feeling numb or distressed during your initial conversation, and may not be able to take in or provide much information.
A follow-up call or email may be appropriate. A calm, empathetic approach in all communications from managers will ensure employees feel supported, and minimise their anxiety about returning to work.
In the early days of an employee's bereavement, it may be appropriate to:
- Offer your condolences.
- Ensure they know that they are not expected to work on the day the death has taken place. They need to hear that work comes second and that they must take whatever time out is needed.
- Begin a dialogue with them, asking how they would like to stay in contact eg if phone or email contact is preferred and if there are particular times to avoid. Be aware that in the first few days, they may not wish to speak to anyone as they may be in shock - this should be respected and is good practice. Be careful not to pressurise them into making decisions at this point.
- Ask how much information they wish their co-workers to have about the death and remember that this information is private under data protection legislation and to stick strictly to the facts.
- Consider what action needs to be taken if the death is in the media; particularly if the press contact the workplace or approach co-workers for interview.
- Ask if the employee wishes to be contacted by their colleagues - some people might appreciate the support from their co-workers while others may prefer privacy.
- Be conscious of diversity within the workforce and the impact this may have on, for example, days taken to allow the employee to fulfil religious or cultural expectations such as mourning rituals.
- Be open to revising and reviewing the situation with the employee and keep the dialogue open.
Developed withActionsAlso on this siteContent category
Source URL
/content/steps-take-when-managing-bereavement
Links
Managing bereavement and returning to work
How to provide help and guidance when an employee is ready to return to work following a bereavement.
Following the first days of bereavement, it is important to start a dialogue that will allow an open discussion around how the employee is coping.
The discussion could also cover your policy on bereavement if you have one when the employee feels they might be ready to return to work, and any adjustments that might help with this, such as a phased return.
Each bereavement is different - some employees may feel able to return to work very swiftly, whilst others may need more time. Remember that even a swift return to work does not necessarily mean that an employee will not need support.
Carrying out regular reviews will allow you both to discuss and agree on any strategies or adjustments which may be needed to enable them to return to work. This might lead to a temporary or long-term change in, for example, hours or responsibilities.
If your business does not have an internal employee assistance programme, you should consider offering to refer them to an external organisation for bereavement counselling.
Cruse Bereavement Care can offer support, advice, and information, both to those directly affected by bereavement and to those who encounter bereaved people in the workplace.
Manage sensitive situations
Special or significant days, such as an inquest or anniversary of the death, can also be particularly difficult. Sensitivity around these times, for example, if the employee requests specific days off, will help them to manage their grief.
Over the course of a year, a bereaved employee may breach company sickness limits. You should consider whether it is appropriate to exclude some or all of the time off associated with the bereavement.
Similarly, it would be good practice to take bereavement into account should there be an impact on any aspect of the employee's work or performance.
Bereavement can also cause changes in the personal and financial circumstances of an employee eg if they become responsible for raising their children as a single parent.
You should be mindful of an individual's situation and be aware that a flexible approach is most likely to support and retain the employee and minimise sick days.
Read more on flexible working: the law and best practice.
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Overtime and flexible working
Overtime and employment contracts
Overtime payment rates, call-out payments, and employment contracts.
If you expect employees to work regular overtime, it's a good idea to state this clearly in the employment contract, together with:
- whether overtime is guaranteed or non-guaranteed
- whether overtime is compulsory or voluntary
- whether payment or time off in lieu (TOIL) is given
- rates of overtime pay/how TOIL is worked out
- when overtime becomes payable/when TOIL becomes applicable
- any notice arrangements for overtime working
- the authorisation process, eg overtime must be agreed in advance and in writing by the employee's manager
Overtime payment rates
Overtime rates are for you to agree with your employees. There are no minimum statutory levels, but rates may be fixed by an industry-wide agreement.
Overtime pay varies from business to business. Some of the more typical overtime rates are:
- weekdays and Saturday mornings - time-and-a-half
- Saturday afternoons, Sundays, and public holidays - double-time (Sunday shop workers may be an exception)
- Christmas Day and New Year's Eve - double-time and above
Overtime can also be paid at a basic rate.
When does overtime become payable?
It's important to define the point at which overtime becomes payable. Many employers expect employees to be reasonable in finishing a task without demanding overtime payment. This may be up to 15 minutes for manual workers or as long as an hour for supervisory or management posts. You will need to ensure that when pay is averaged out, the national minimum, at least, has been paid for each hour worked.
Other organisations vary premiums according to the length of time worked, eg time-and-a-third for the first two hours and time-and-a-half after that.
Call-out payments
Employees who are called out from home to perform urgent duties normally receive call-out allowances or guaranteed hours at overtime rates. As call-out is likely to occur at nights, weekends, or statutory holidays, it's usually paid at the relevant overtime rate.
Many organisations pay agreed travelling time as well as actual hours worked. Usually, employees are paid for being on standby ready to respond to any call outs. You may decide to pay at different rates for time on standby or pay a separate fixed allowance. See pay: employer obligations.
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Advantages and disadvantages of overtime
Advantages and disadvantages of using overtime such as a more flexible workforce.
Advantages of overtime
The potential advantages of using overtime working include:
- a more flexible workforce
- the ability to deal with bottlenecks, busy periods, cover of absences and staff shortages without the need to recruit extra staff
- increased earning for employees and mutual employer benefit
- avoidance of disruption to jobs where the workload is more difficult to share, eg transport and driving
- the ability to carry out repair and maintenance which has to be done outside normal working hours
Disadvantages of overtime
However, disadvantages of using overtime may include:
- the expense of premium overtime rates
- inefficiency if employee's pace of work, through poor management, is slack and it becomes necessary to compensate by providing overtime
- regular long working hours, which can adversely affect employees' work, health and home lives - read how to promote healthy work-life balance in your business
- fatigue, which may increase absence levels and lead to unsafe working practices
- employee expectations of overtime, leading to resentment and inflexibility if you try to withdraw it
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Overtime and part-time employees
Overview of how using part-time employees could reduce your dependency on overtime.
Use of part-time staff or other forms of flexible working could reduce your dependency on overtime.
Employers are free to make their own arrangements concerning overtime rates for part-time staff. You can insist that part-time workers work the normal full-time hours in your organisation at basic rates before being entitled to an overtime premium. Otherwise, they could earn more than their full-time counterparts. Full-time hours can vary in organisations eg the full-time hours in one organisation could be 37.5 hours and in another it could be 40 hours.
However, once a part-time worker has worked more than the normal full-time hours, you must pay them the same hourly rate of overtime as a comparable full-time worker. Employing part-time workers.
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Overtime and health and safety issues
Health and safety issues when managing overtime.
When allocating overtime, you need to be aware of health and safety considerations.
Health and safety considerations for overtime
Fatigue
Excessive overtime may make workers tired. They may then pose a risk to themselves or others, particularly if they are driving a vehicle or using dangerous or heavy machinery. Carry out risk assessments to ensure any dangers are identified and effectively managed.
Compliance with legal requirements
For example, maximum working week and night working limits are provided for by the Working Time Regulations (Northern Ireland) 2016.
Avoid allocating excessive overtime to shift workers
Particularly those working at night. Any health problems that may result from disturbance of the body's normal rhythms, for example, diabetes, will be made worse by fatigue. Read how you can promote healthy work-life balance in your business.
Avoid situations where employees work alone
This is particularly important in potentially hazardous environments such as factories or where employees are otherwise vulnerable. If working alone is the only solution, check that employees do not have any medical condition making it unsuitable for them to work alone, for example, epilepsy. You have a responsibility to provide a safe and healthy workplace. See how to ensure lone workers' safety.
You may also want to consider additional security for staff working late at night, eg improved car park lighting or safe transport home.
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Overtime and flexible working
How flexible working could provide a more cost-effective alternative to overtime.
Flexible working practices often provide cost-effective alternatives to overtime. These include shift work, annual hours, flexitime, seasonal and term-time working, and job sharing. Read more on flexible working: the law and best practice.
Recruitment options
Staff recruitment options include recruiting agency workers or recruiting seasonal staff. You may also want to contract work out by using contractors and subcontractors.
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Overtime and time off in lieu
Time off in lieu of overtime and how to avoid owing too much time at the end of the year.
An alternative to paying for overtime is to offer time off in lieu (TOIL). The practice is particularly common among higher-paid staff who work overtime.
Workers must agree to TOIL. They must also arrange to take it at a time that is convenient for the employer.
As with all forms of reward for overtime, TOIL needs careful management, and the ground rules should be set out clearly. One of the main problems with TOIL arrangements is the accumulation of owed time, which can amount to several weeks by the end of a year.
TOIL and employment contracts
This can be overcome with wording in the employment contract such as:
"No more than seven hours may be accumulated in any one month, and the time off must be taken in the following month. No entitlement can be carried forward without prior agreement. Any entitlement not taken will be lost."
In some businesses, time off is given in addition to overtime payment, especially for work on statutory holidays. You may also want to set out the minimum amount of time that can be recorded, eg 15 minutes. Again, the written terms and conditions or a company handbook should spell out what employees can expect.
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Using overtime successfully
Regulations on overtime and avoiding excessive overtime.
For many businesses, overtime is a useful way of dealing with fluctuations in demand or coping with production bottlenecks. However, where it is used excessively it can be an expensive and inefficient way of organising work.
Where needed, ensure there are managers or supervisors in place, for example, to make sure that health and safety regulations are being followed. See overtime and health and safety issues.
Working time regulations
- Limit maximum weekly working hours and set minimum daily and weekly rest periods. See hours, rest breaks, and the working week. If necessary, you can ask employees, but not young workers, to sign individual agreements opting out of some of the regulations. Do not pressure them to do so - they must willingly agree. Note that employees who opt-out will also have the right to opt back into the regulations after giving the notice contained in the individual agreement.
- Restrict night-work shifts to an average of eight hours daily, including overtime, and offer health assessments to night workers. See Sunday working and night working. You should note that where a night worker's shift involves special hazards or heavy physical or mental strain, there is an absolute limit of 8 hours on the worker's working time each day - this is not an average.
- Set minimum paid annual holidays - see know how much holiday to give to your staff.
Guarding against excessive overtime
To help guard against any excessive overtime, many employers:
- Monitor overtime levels to identify areas where it could be reduced.
- Watch out for instances where overtime working becomes regular and unvarying.
- Limit the overtime employees may work over a given period.
- Reduce basic working hours, eg from 40 to 38, and ensure that employees work the first two hours of overtime at a flat rate. Note that reducing hours may constitute a variation of a contractual term and would therefore require agreement.
- Enhance employees' annual earnings or basic hourly rate, or pay them a lump sum, to compensate for the loss of overtime.
If you're planning on reducing basic working hours, note that this may potentially constitute a variation of contractual hours and must be agreed upon with the employee.
The Labour Relations Agency (LRA) can advise on agreeing and changing contracts of employment.
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Overtime and holiday pay
How employers should treat overtime, commission, and bonus payments for holiday pay.
If your workers get overtime, commission, or bonuses you must include these payments in at least four weeks of their paid holiday.
The Working Time (Amendment) Regulations (Northern Ireland) 2023, which came into effect in January 2024, have brought significant changes regarding how overtime affects paid annual leave entitlement.
Under these amendments, all types of overtime - both compulsory and voluntary - must be included in the calculation of paid annual leave entitlement.
Key points of these amendments include:
- The inclusion of regular overtime when calculating an employee’s paid holiday entitlement. Therefore, if an employee regularly works overtime, their holiday pay should reflect their normal earnings, including the overtime pay.
- Holiday pay should be based on the employee’s "normal remuneration," which includes regular overtime, rather than just their basic salary. The reference period for calculating holiday pay is typically the 12 weeks leading up to the leave, although there may be variations depending on specific employment contracts or agreements.
- Employers need to adjust their payroll systems to ensure that holiday pay calculations include all regular overtime. Therefore, in order to comply with these regulations accurate records of overtime worked need to be maintained.
These changes apply to the four weeks of annual leave that are derived from the EU Working Time Directive. They do not necessarily apply to the additional 1.6 weeks of leave (statutory annual leave) provided by Northern Ireland law, although many employers apply a uniform approach to avoid administrative complexities.
In summary, under the new regulations, overtime, commission, and bonus payments must be factored into employees in Northern Ireland’s holiday pay calculations, ensuring that holiday pay reflects their normal earnings, including regular overtime payments. For further advice, you can contact the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300.
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Statutory conditions for immunity when organising industrial action
In this guide:
- Industrial disputes
- Avoiding disputes with your workforce
- Dealing with industrial disputes
- Statutory conditions for immunity when organising industrial action
- Lawful industrial action
- Legal issues during industrial action
- Legal issues following industrial action
- Conducting negotiations to resolve disputes
- The legal consequences of failing to gain statutory immunity
- Conducting industrial action ballots
Avoiding disputes with your workforce
How open communication can help create a conflict-free working environment and prevent disputes from arising.
Good relations between you and your staff are key to creating a productive working environment. You should, therefore, seek to encourage a workplace culture that prevents conflicts from arising.
If you fail to do so, collective grievances could arise, which could, in turn, lead to workers making tribunal claims or calling for industrial action. See staff motivation.
Informing and consulting your workforce and their representatives
It is good practice to develop channels for informing and consulting your workforce and/or their representatives on employment matters and business developments. Indeed, in some cases, you are legally obliged to inform and consult them, eg about collective redundancy situations. See engaging with staff.
Depending on the size of the business, you could set up:
- voluntary recognition with a trade union for collective bargaining purposes
- regular consultations with a recognised trade union - an effective working relationship with union officials can pick up problems before they escalate
- a staff forum or joint working group to pass on information to, collect ideas from, and consult with workers
- an employee consultative body to discuss major issues as they arise
- team and group meetings and feedback sessions
Many employers, especially those which recognise trade unions, have written procedures in place to discuss collective grievances with representatives and other significant issues affecting all or part of the workforce. Procedures are important as they can help you to structure and address problems at an early stage.
If you already have such procedures, you should ensure you follow them effectively and consistently.
If you don't have such procedures, you could consider putting some together in consultation with workers and/or their representatives.
See managing conflict.
The role of Labour Relations Agency (LRA) in preventing disputes
The LRA is an independent statutory body whose role is to improve working life through better employment relations.
The LRA not only helps to resolve a dispute once it arises but also helps employers and workers (or their representatives) work together to prevent disputes from arising in the first place.
The LRA's Good Practice Facilitation and Advisory services are dedicated to preventing workplace disputes where a problem has arisen but has not yet developed into a serious dispute. It will facilitate and offer services such as - assisted bargaining, collaborative working, and joint problem-solving parties, with a view to helping to prevent a dispute by facilitating sustainable solutions that are acceptable to all parties. See LRA dispute resolution services.
The LRA also delivers training and runs briefings, seminars, webinars, and workshops aimed at helping organisations adopt or develop better employment relations practices. LRA good practice seminars.
Employment document toolkit
The LRA has a free online employment document toolkit, once employers are registered they can unlock our free core employment guides to help them build documents, policies, and procedures for their own organisation. Find out about the LRA's free employment document toolkit.
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Dealing with industrial disputes
Ways to resolve disputes with groups of workers through mediation, conciliation, and arbitration.
If a dispute arises, you should meet with representatives of your workers to resolve the problem as soon as possible. Where you have agreed on procedures to meet and discuss such matters with a recognised trade union or other representatives, these procedures should be followed.
The initial concerns of the meeting should be to:
- define the actual cause of the dispute
- clarify who speaks for each side
- explore what options are available to resolve the dispute
In many cases, this meeting, or negotiations that follow it, will resolve the dispute. However, if negotiations become deadlocked, it may be necessary to call in outside help, possibly from the Labour Relations Agency (LRA). Its services are free.
LRA collective conciliation
Collective conciliation is a voluntary process where the LRA conciliators attempt to help employers and employees (normally via trade unions) discuss their differences and reach mutually acceptable settlements of their collective disputes. Outcomes are not imposed or judgements made on the rights and wrongs of the matter in dispute.
The main issues referred for collective conciliation include annual pay reviews; other terms and conditions eg shift hours, bonuses, changes in working practices, redundancy selection; and trade union recognition. Collective conciliation is normally only appropriate when the parties have exhausted their own internal procedures, or they agree it's required.
LRA collective conciliation explained.
LRA mediation service
The mediation service focuses on restoring productive working relationships between individuals and/or groups where those have broken down. Mediation is delivered by the LRA in-house accredited workplace mediators. Mediation is especially suitable when the aim is to maintain the employment relationship. It is often most effective if used in the early stages of a dispute.
LRA arbitration service
The LRA offers the following arbitration services for industrial disputes:
- Industrial arbitrations - these are arranged by the LRA in accordance with its statutory powers under Article 84 of the Industrial Relations (Northern Ireland) Order 1992. In accepting such arbitrations the Agency must be satisfied that any negotiating procedures have been exhausted or are unlikely to resolve the issue and that the dispute cannot be settled by conciliation. This service is provided to employers and unions and, in exceptional circumstances, to individual employees.
- Procedural arbitrations - these are where national or sectoral negotiating procedures provide for arbitration as the final stage in the procedures.
Industrial arbitration is also voluntary but the parties accept in advance to be bound by the arbitrator's resolution, made within agreed terms of reference for the arbitrator. The decision, however, is not legally binding (unlike the LRA Arbitration Scheme, which is legally binding).
The decision to go to arbitration may be ad-hoc or may be an agreed stage in the parties' dispute resolution procedure.
LRA Arbitration and Independent Appeals.
Failure to resolve a collective workplace dispute
If you fail to resolve a dispute with a group of workers and/or their representatives, they may consider taking industrial action.
However, in order for such action to be lawful, it must meet a number of conditions. See lawful industrial action.
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Statutory conditions for immunity when organising industrial action
The statutory conditions for immunity when organising industrial action.
A union or individual must meet certain statutory conditions when organising industrial action.
1. The need for there to be a trade dispute
A person or trade union who calls for, threatens to call for, or otherwise organises industrial action, has immunity from civil action for inducing a breach of contract or interfering with a contract's performance only if acting in contemplation or furtherance of a 'trade dispute'.
For there to be a trade dispute:
- there must be a dispute between workers and their own employer
- the dispute must be wholly or mainly about specified employment-related matters such as:
(a) terms and conditions of employment, or the physical conditions in which any workers are required to work
(b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers
(c) allocation of work or the duties of employment as between workers or groups of workers
(d) matters of discipline
(e) the membership or non-membership of a trade union on the part of a worker
(f) facilities for officials of trade unions
(g) machinery for negotiation or consultation, and other procedures, relating to any of the foregoing matters, including the recognition by employers or employers' associations of the right of a trade union to represent workers in any such negotiation or consultation or in the carrying out of such procedures
The relevant definition does not cover disputes:
- between workers and an employer other than their own employer
- not wholly or mainly about specified employment-related matters like pay and conditions
- between groups of workers or between trade unions, ie where no employer is involved in the dispute
- between a trade union and an employer, where none of that employer's workforce is in dispute with that employer
- relating to matters occurring overseas - except where workers taking action in the UK in support of the dispute are likely to be affected by its outcome
2. The need to hold an industrial action ballot
If a trade union decides to call on its members to take - or continue to take - industrial action, it will have no immunity unless it first holds a properly conducted secret ballot.
See conducting industrial action ballots.
3. The need to provide a notice of official industrial action to the employer
The union organising the industrial action must ensure that the employer receives written notice from the union which:
- Reaches the employer after the union has taken steps to notify the employer of the result of the industrial action ballot, but no less than seven days before the day - or the first of the days - specified in the notice.
- Specifies whether the union intends the industrial action to be 'continuous' or 'discontinuous'. The notice must also give the date on which any of the affected employees will be called on to begin the action (if continuous) or the dates on which any of them will be called on to take part (if discontinuous). Industrial action is 'discontinuous' if it involves industrial action other than on all the days when it might be taken by those concerned. An indefinite strike would, therefore, be continuous. However, an overtime ban might be continuous or discontinuous, depending on whether the ban applied to overtime working on all the days on which overtime would otherwise be worked or to overtime working on only some of those days.
- Provides a list of the categories and workplaces of the employees who are going to take part in the industrial action (the 'affected employees'), figures on the numbers of affected employees in each category, figures on the numbers of affected employees at each workplace and the total numbers of affected employees. The union must also explain how it worked out the figures it provides.
- Is given by any officer, official, or committee of the union which is inducing - and is therefore responsible for - the industrial action.
Note that the lists and figures mentioned above do not need to be provided in full where all of the affected workers pay their union subscriptions by deduction from pay at source, ie through the so-called 'check off' system.
In such circumstances, the notice must contain either:
- those same lists, figures, and explanations as set out above
- information that will allow the employer readily to work out the total number of workers concerned, the categories of workers to which they belong, the number of workers concerned in each of those categories, the workplaces at which the workers concerned work, and the number of them at each of these workplaces
Where only some of the affected workers pay their union subscriptions by the check-off, the union's notice may include both types of information, ie the lists, figures, and explanations should be provided for those who do not pay their subscriptions through the check-off, while information relating to check-off payments may suffice for those who do.
The lists and figures or information supplied should be as accurate as is reasonably practicable in the light of the information in the union's possession at the time when it complied with this requirement of the law.
4. The action is not 'secondary action'
It is unlawful for a union or others to call for, threaten to call for, or otherwise organise secondary industrial action.
Secondary action - which is sometimes referred to as 'sympathy' or 'solidarity' action - means industrial action by workers whose employer is not a party to the trade dispute to which the action relates.
For these purposes:
- where more than one employer is in dispute with its workers, the dispute between each employer and its workers is treated as a separate dispute
- industrial action which is 'primary' action - ie in contemplation or furtherance of a trade dispute between workers and their own employer - is not regarded as 'secondary' action simply because it has some effect on another dispute between workers and a different employer
- the calls on workers to breach, or interfere with the performance of contracts will not be regarded as calls to take secondary action if made in the course of attendance for the purpose of peaceful picketing as the law allows
Note that secondary action can be taken not only by those working under contracts of employment - eg employees - but also by someone working under any contract where they personally do work or perform services for another, eg an agency worker or freelancer. Therefore, such workers can also be at risk of taking unlawful secondary action.
5. The action is not to promote closed-shop practices or against non-union firms
It is unlawful for a union or others to call for, threaten to call for, or otherwise organise industrial action to establish or maintain any sort of union closed-shop practice.
This means that statutory immunity is therefore not available where the reason, or one of the reasons, for the industrial action is either:
- that an employer employs, has employed, or might employ a person who is not a member of a trade union
- to pressurise an employer into discriminating against a person on the grounds of non-membership of a trade union
'Trade union' here can mean any trade union, a particular trade union, or one of a number of particular trade unions.
An employer is discriminating against a person who is not a union member if its conduct in relation to its workers is:
- more favourable to those workers who are members
- different for union members and non-members
In addition, there is no immunity for a relevant act - such as calling for, threatening to call for, or otherwise organising industrial action - which is either:
- designed to exert pressure on an employer to persuade it to impose union-labour-only or recognition requirements on contractors
- taken by the workers of one employer and interferes with the supply (whether or not under a contract) of goods or services by a second employer where the reason, or one of the reasons, for the action, is that the supplier of the goods or services does not recognise, negotiate or consult with trade unions or trade union officials
6. The action is not in support of an employee dismissed for taking part in unofficial industrial action
A union or other person has no immunity if they call for, threaten to call for, or organise industrial action where both:
- the reason, or one of the reasons, for that action is the fact or belief that an employer has dismissed any employee
- the employee has no right to complain of unfair dismissal because they were dismissed while taking part in 'unofficial' industrial action
For these purposes, an 'employer' in relation to an employee includes, in the case where the employment has ceased, the employer they used to work for.
An 'employee' for these purposes who was a member of a union (other than for purposes unconnected with their employment) when they began to take the industrial action and/or at the time they were dismissed will be regarded as having been dismissed while taking 'unofficial' industrial action if, at the time of their dismissal, the act of calling for, threatening to call for or otherwise organising the industrial action, was not the act of the union.
This was because either:
- it was done by a person for whose acts the union was not responsible in law
- although done by a person for whose acts the union was responsible in law, their act has been 'effectively repudiated' by the union's executive committee, president, or general secretary
However, where the relevant act has been so 'repudiated', the employee is not regarded as taking 'unofficial' industrial action until a full working day has passed since the day the repudiation took place.
A 'working day' for these purposes means any day other than a Saturday, Sunday, Christmas Day, Good Friday, or a bank holiday as defined under the [1971 c. 80.] Banking and Financial Dealings Act 1971.
An employee who was not a union member when they began to take the industrial action in the course of which they were dismissed, and/or when they were actually dismissed, will not be regarded as having been dismissed while taking 'unofficial' action unless, at the time of dismissal, there were others also taking the action who were members of a union that had not authorised or endorsed the action.
7. The action doesn't involve unlawful picketing
For picketing to be lawful and therefore maintain the statutory immunity of those organising the industrial action, certain conditions must be met.
See legal issues during industrial action.
Failure to gain statutory immunity
Where a union or individual fails to meet any or all of the conditions set out above, any resulting industrial action will not be covered by statutory immunity.
As a result, employers and others who are damaged - or likely to be damaged - by the action may take civil proceedings in the courts against the union/individual.
See the legal consequences of failing to gain statutory immunity.
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Lawful industrial action
The need to meet certain conditions before a union or individual can lawfully call for industrial action.
When a worker takes industrial action, they will usually be in breach of their contract of employment or contract for services.
This means that if a trade union calls for, threatens to call for, or otherwise organises industrial action, it is - in practice - calling for the breach, or interference with the performance, of employment contracts.
They may also be interfering with the ability of the employer of those taking the industrial action, and of other employers, to fulfil commercial contracts.
It is unlawful in civil law to induce - or threaten to induce - people to break a contract or to interfere with the performance of a contract. This means that a trade union would face legal action and claims for damages for calling for industrial action.
Therefore, to allow trade unions or others to call for, threaten to call for, or otherwise organise industrial action lawfully, the law expressly gives them immunity from legal actions under civil law.
However, to obtain this immunity, they must meet certain statutory conditions when organising industrial action. These conditions are that:
- the action is called by someone authorised to do so, as set out in the Trade Union rule book
- there needs to be a 'trade dispute'
- an industrial action ballot must be held
- a notice of industrial action must be provided to the employer
- the action is not 'secondary action'
- the action is not to promote closed-shop practices
- the action is not in support of an employee dismissed for taking unofficial industrial action
- the action is not to enforce trade union membership against non-union firms
- the action doesn't involve unlawful picketing
See statutory conditions for immunity when organising industrial action.
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Legal issues during industrial action
The rules for dismissal during industrial action or picketing, and pay for striking workers.
You need to be aware of your own and your workers' legal position during industrial action.
1. Picketing
When pickets try to persuade people not to go to work or not to deliver or collect goods, they may - in effect - be inducing them to break or interfere with the performance of their employment contracts.
They may also be interfering with the ability of the employers of those people to fulfil their commercial contracts.
Such inducement in the course of picketing is not itself lawful simply because the industrial action supported by the picketing is lawfully organised. For the picketing to be lawful, it must satisfy certain conditions laid down by the law.
These conditions include the following:
- that the picketing is at or near the pickets' own place of work
- that the purpose of the picketing is to peacefully obtain or communicate information, or to peacefully persuade a person to work or not to work
However, there are three exceptions to the rule that an inducement in the course of picketing has immunity only if it is done at or near the pickets' own place of work:
- a trade union official may accompany a member of their union whom they represent so long as the member is picketing at their own place of work
- a person - eg a mobile worker - who does not normally work at one particular place, or for whom it is impracticable to picket at their actual place of work, may picket at the premises of the employer for whom they work or from which the work is administered
- a person who is not in employment may picket at their former place of work in contemplation or furtherance of a trade dispute, but only if the termination of their employment gave rise to - or is connected with - the dispute in support of which they are picketing
Picketing that is not peaceful and, for example, leads to violent or abusive behaviour, intimidation, or obstruction of the highway, is likely to involve offences under the criminal law. The law gives no protection to people who commit such offences in the course of picketing and they may be arrested and prosecuted by the police.
The Department for the Economy's statutory code of practice on picketing recommends that pickets and their organisers should ensure that in general, the number of pickets does not exceed six at any entrance to a workplace.
Failure to observe the provisions of the code does not in itself render a union, or anyone else, liable to any legal proceedings. However, where proceedings are brought against a union, the provisions of the code are admissible in evidence and may be taken into account by a court if they appear relevant to any question before it.
2. Notifying the employer before industrial action resumes
Where continuous industrial action is suspended, eg for further negotiations between the employer and union, the union must normally give the employer further notice before resuming the action.
The exception to this requirement is where the union agrees with the employer that the industrial action will cease to be authorised or endorsed with effect from a date specified in the agreement but that it may be authorised or endorsed again on or after another date specified in the agreement and the union:
- ceases to authorise or endorse the action with effect from the specified date
- subsequently reauthorises or re-endorses the action from a date on or after the originally specified date or such later date as may be agreed with the employer
For this exception to apply, the resumed industrial action must be of the same kind as covered in the original notice. This condition will not be met if, for example, the later action is taken by different or additional descriptions of workers. In order to avoid misunderstanding, both parties should put an agreement in writing.
3. Dismissal for taking industrial action
The dismissal of any striking employee during the first 12 weeks of lawfully organised official industrial action - the 'protected period' - will be deemed unfair if your reason for doing so is because the employee took industrial action.
The dismissal will also be unfair if the employee is dismissed after the protected period, but has stopped taking part in the industrial action before the end of the period.
If you 'lock out' your workforce during the protected period, the lock-out days are not counted when calculating the 12-week period.
The dismissal will also be unfair if:
- the employee is dismissed after the protected period - but had not stopped taking part in the industrial action before the end of the period
- you had failed to take reasonable steps to resolve the dispute
A dismissal can therefore be fair after the protected period if you can show that you made genuine attempts to negotiate a settlement with the trade union - including the proper use of any joint dispute resolution procedure, and have not unreasonably refused requests for third party conciliation or mediation.
Unfair dismissal claims may also be brought if you discriminate between employees by:
- dismissing some of those taking part in the action, but not others
- offering re-engagement selectively to some employees but not others within three months of the dismissal
An employee dismissed while taking part in unofficial action can't generally claim unfair dismissal. This is regardless of whether the employer has discriminated between those taking such action by dismissing - or re-engaging - only some of them.
However, there are cases where an employee who is dismissed during the course of unofficial industrial action will still be able to make a claim for unfair dismissal if they allege that the employer dismissed them for another reason. Generally, these cases relate to family reasons, health and safety, employee representation, and whistleblowing.
See dismissing employees.
4. Pay during industrial action
Where workers take strike action, they are in breach of contract and usually lose their right to pay for the hours they did not work. This may depend on the terms of the employment contract and the nature of the industrial action which the worker has taken.
The situation is more complex when workers take action short of an all-out strike, eg refusing to carry out particular duties. You may refuse to accept this conduct as satisfactory. However, if you accept partial performance of duties, you can't refuse to pay the worker for the part of the job they've carried out.
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Legal issues following industrial action
Re-engaging employees after a strike.
An employer may re-engage an employee dismissed during official industrial action on whatever terms the employer chooses, provided it offers the same terms to all dismissed workers.
During the three months following dismissal, an employer cannot selectively re-engage some employees and not others.
However, after three months, the employer can offer to re-engage any of the employees dismissed.
Any week during which an employee takes part in a strike doesn't count towards their continuous employment. This means that a calculation of an employee's length of employment will not include those days on which the employee was on strike. This could be important if an employee later needs to rely on their total length of employment to claim certain rights, eg statutory redundancy pay or unfair dismissal. See continuous employment and employee rights.
However, taking part in a strike won't break an employee's continuity of employment. This means that the terms and conditions of their employment contract won't be discontinued during the strike and then restarted afterward, but will effectively continue during the strike action.
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Conducting negotiations to resolve disputes
The importance of effective negotiating styles and skills when dealing with disputes.
Unless you have internal expertise, you may need external specialist negotiators to resolve some disputes.
Who should conduct the negotiations?
In most disputes, negotiating with your workers or their representatives face-to-face will be the quickest, cheapest, and easiest way of sorting out the problem. Both parties to the dispute will know what the issues are and can look for solutions that fit your needs.
Where written procedures exist, they will usually specify who should undertake the negotiations at the various stages and how they should be conducted. Such procedures will be the norm where trade unions are recognised.
In larger, more complex disputes, it may be better to enlist trained people to help with the negotiations.
Trade unions can supply their full-time officers to act as negotiators for their members. Employers' organisations and some firms of solicitors or other professional advisers can supply negotiators to employers. See choose a solicitor for your business.
It might be more cost-effective to train particular staff in negotiating skills. Trade unions also provide such training to their workplace representatives.
The Labour Relations Agency can help facilitate negotiations through collective conciliation.
Negotiating styles
There are two main ways to approach negotiations, and which one is used can affect how fast a dispute is resolved.
The first is the positional win-lose approach. Each negotiator will start by making demands, then each will try to trade off demands against concessions at the best rate they can. All possibilities will be considered as each side will put all their demands as early as possible to get them into the bargain, but this can sometimes be acrimonious and it can lead to long negotiations as each demand is discussed in detail.
The second style employed by negotiators is the principled win-win approach. The two sides compare their overall objectives to find common areas of benefit that can be agreed upon. Often this can be achieved by looking beyond the initial demands to discover the underlying ones.
For instance, do you really want to cut your wages bill or are you actually trying to find a way to increase profitability? Do your workers really want shorter hours or are they looking for more family-friendly and flexible working patterns? The win-win approach is less confrontational but risks being seen as a compromise that may not be the best result for anyone.
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The legal consequences of failing to gain statutory immunity
How the law works when the statutory immunities do not apply, making any subsequent industrial action unlawful.
Where statutory immunity for organising industrial action has not been met, eg because a union or individual has failed to organise a proper secret ballot, employers and others (such as their customers and suppliers) who are damaged - or likely to be damaged - by the action may take civil proceedings in the courts against the union or individual.
However, the person wishing to bring civil proceedings must still show that:
- an unlawful, unprotected act has been done or is threatened
- they are party to a contract which will be - or has been - broken or interfered with by the unlawful act
- they are likely to suffer - or have suffered - loss as a result
In addition, an individual deprived of goods or services because of the unlawful organisation of industrial action can also bring proceedings to stop this happening.
However, for this purpose, the individual does not need to show that they are party to a contract, which will be - or has been - broken or interfered with by the unlawful act.
Who can be sued as a result of unlawful industrial action?
Civil proceedings will normally be taken against the trade union or individual organising the industrial action.
However, in the case of picketing, it may be possible to sue the individual pickets as well as those who organised the unlawful picketing. This is because the pickets are inducing interference with the performance of contracts.
Note that even if it's a union that is responsible for organising unlawful industrial action, this does not prevent legal proceedings from being brought against the individual organisers.
Trade union liability for inducing breach of contract
The law states the circumstances in which a trade union is to be held responsible for a relevant act, eg inducing - or threatening to induce - a breach or interference with the performance of a contract.
Where these circumstances apply, a union will be held responsible for a relevant act regardless of any term or condition to the contrary in its own rules, or in any other contractual provision or rule of law.
A union will be liable for any relevant act, which is done, authorised, or endorsed by:
- its executive committee
- its general secretary or president
- any person given power under the union's own rules to do so
- any other committee of the union or any official of the union
For these purposes:
- A 'committee of the union' is any group of persons constituted in accordance with the rules of the union.
- A relevant act will be taken to have been done, authorised, or endorsed by an official if it was done, authorised, or endorsed by a group of persons, or any member of a group, to which an official belonged at the relevant time if the group's purposes include organising or co-ordinating industrial action.
- An 'official' is any person who is an officer of the union or a branch or section of the union or any person who is elected or appointed in accordance with the union's rules to be a representative of its members. This includes any person elected or appointed who is an employee of the same employer as the members, or one or more of the members, they are elected to represent, eg a shop steward.
However, if a relevant act that is done (or authorised or endorsed) by such a committee or official is 'effectively repudiated' by the union's executive committee, general secretary, or president, the union will not be held liable.
In order to avoid liability in this way, the executive committee, president, or general secretary of the union must repudiate the act as soon as reasonably practicable after it has come to the knowledge of any of them, and the union must, without delay:
- give written notice of the repudiation to the committee or official in question
- do its best to give individual written notice of the fact and date of the repudiation to every member of the union who it has reason to believe is taking part - or might otherwise take part - in industrial action as a result of the act and give similar written notice to the employer of every such member
The written notice of repudiation given to the union's members must contain the following statement:
"Your union has repudiated the call (or calls) for industrial action to which this notice relates and will give no support to unofficial industrial action taken in response to it (or them). If you are dismissed while taking unofficial industrial action, you will have no right to complain of unfair dismissal."
However, even if it takes these steps, a union will not be considered to have 'effectively repudiated' an act if:
- the executive committee, president, or general secretary subsequently behaves in a way that is inconsistent with the repudiation
- at any time up to three months after the repudiation, a party to a commercial contract that has been, or maybe, interfered with by the relevant act, requests the union's executive committee, president, or general secretary to confirm that the act has been repudiated, and written confirmation is not then given
Remedies
Where statutory immunity does not apply, those party to contracts which are broken, or the performance of which is interfered with, by the organisation of - or a threat to organise - industrial action, may seek an injunction against the organisers from the courts.
A court may, after examining the circumstances, grant an injunction on an interim basis pending a full hearing of the case. However, the union or individual against whom the order is sought will have the legal right to be given a chance to put their case forward.
If an injunction is not obeyed, those who sought it can go back to court and ask to have those concerned declared in contempt of court.
Anyone found to be in contempt of court may face heavy fines or other penalties which the court may consider appropriate. For example, a union may be deprived of its assets through sequestration. This is where the funds are placed in the control of a person appointed by the court who may, in particular, pay any fines or legal costs arising from the court proceedings.
It is also possible to claim damages for losses suffered - which may, but need not, be preceded by an application for an injunction - if the basis of the proceedings is a claim that an act involved breach, or interference with the performance of contracts.
Note that there are upper limits on the amounts a court can award by way of damages in any proceedings against a trade union. These limits depend on the size of the union concerned.
Limits on awards for damages against a union organising unlawful industrial action
Number of trade union members Upper limit on award for damages Fewer than 5,000 £10,000 5,000 - 24,999 £50,000 25,000 - 99,999 £125,000 100,000 or more £250,000
Other unlawful acts during industrial action
Those who have organised lawful industrial action are only protected from legal action for a relevant act, eg inducing breaches, or interference with the performance of contracts.
As such, there is no immunity for strikers or their organisers who commit other civil wrongs or criminal offences.
For example:
- if strikers or their organisers commit a criminal offence, such as intentional damage to property, they are liable to be arrested and prosecuted by the police in the same way as anyone else who commits such an offence
- if strikers or their organisers commit an unlawful trespass, eg by entering premises without authority or by staging a 'sit-in', they are liable to be sued for that and any other unlawful acts involved just like any other members of the public who occupy premises unlawfully
Also, note that the union has immunity only if the sole ground of liability is a relevant act - such as inducing a breach of contract. If some other non-protected ground of liability exists, immunity will be lost.
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Conducting industrial action ballots
How a union must conduct a ballot before it can call for official industrial action.
If the employer and the union have exhausted all other available means of resolving a dispute, the union may feel that there is no alternative but to call on its members to take industrial action.
However, for the industrial action to be lawful, it must meet certain conditions. One of these is that the union calling for the action must hold a properly conducted secret ballot.
For information on the other conditions, see lawful industrial action.
The law sets out certain requirements that the union must satisfy for the ballot to be legitimate. These requirements are set out below.
1. Independent scrutiny
For a ballot where more than 50 members have the right to vote, the union must appoint a qualified independent person as the scrutineer of the ballot. Information on who qualifies as a scrutineer is available from the Labour Relations Agency (LRA) - contact the LRA.
The total number of members with the right to vote can be an aggregate number of members from one - or more than one - workplace and where this is more than 50, scrutiny procedures must be followed.
A scrutineer must be, to the best belief of the union, independent of the union and able to carry out their duties competently.
The scrutineer's terms of appointment must include producing a report on the conduct of the ballot. They must produce the report as soon as reasonably practicable after the date of the ballot - and not later than four weeks after that date.
The union must provide a copy of the scrutineer's report to any union member who was entitled to vote in the ballot and any employer of such a member who requests one within six months of the date of the ballot.
The copy must be supplied as soon as reasonably practicable and free of charge - or on payment of a reasonable fee specified by the union. The scrutineer's report must say whether or not the ballot has been conducted fairly and lawfully.
See the Department for the Economy's code of practice on industrial action ballots and notice to employers for further information on scrutineers.
2. Sending employers notice of the ballot and a sample voting paper
The union must take such steps as are reasonably necessary to ensure that any employer of any union members who are entitled to vote receives certain information.
The union must send this information not later than the seventh day before the intended opening day of the ballot, ie the first day when a voting paper is sent to any person entitled to vote.
The notice must be in writing and must:
- state that the union intends to hold the ballot
- specify the date which the union reasonably believes will be the opening day of the ballot
- provide a list of the categories of employee to which the employees concerned belong, a list of the workplaces at which the employees concerned work, figures on the number of employees in each category, the number of employees at each workplace, the total number of employees concerned plus an explanation of how these figures were arrived at
Note that the lists and figures mentioned above do not need to be provided in full where the workers concerned pay their union subscriptions by deduction from pay at source, ie through the so-called 'check off' system.
In such circumstances, the notice must contain either:
- those same lists, figures, and explanations as set out above
- information that will allow the employer to easily work out the total number of employees concerned, the categories of employee to which they belong, the number of employees concerned in each of those categories, the workplaces at which the employees concerned work, and the number of them at each of these workplaces
The 'employees concerned' are those whom the union reasonably believes will be entitled to vote in the ballot.
Not later than the third day before the intended opening day of the ballot, the union must send the employer a sample of the voting paper (and any variants of it) which will be sent to the workers concerned.
The paper must:
- state the name of the independent scrutineer, where appropriate
- give the return address, and the date, it is to be returned by
- have a number, which is one of a series of consecutive numbers used to give a different number to each voting paper
- make it clear whether voters are being asked if they are prepared to take part in - or to continue to take part in - industrial action which consists of a strike, or industrial action short of a strike (which includes overtime bans and call-out bans)
- specify the person(s) and/or class(es) of person(s) who the union intends to have authority to make the first call for industrial action relating to the ballot, if the vote is in favour of industrial action
The paper must also contain the following statement: "If you take part in strike or other industrial action, you may be in breach of your contract of employment. However, if you are dismissed for taking part in a strike or other industrial action which is called officially and is otherwise lawful, the dismissal will be unfair if it takes place fewer than twelve weeks after you started taking part in the action, and depending on the circumstances may be unfair if it takes place later."
That statement must not be qualified or commented upon by anything else on the voting paper.
3. Timing of the ballot and related action
If members vote in favour of industrial action, the action must begin within four weeks of the date of the ballot.
However, a union may be allowed to make its first call for industrial action more than four weeks after the date of the ballot if either:
- the employer and union agree on an extension of up to a further four weeks, eg to continue with talks that are making progress
- an injunction granted by a court (or an undertaking given by the union to the court) prohibits the union from calling for industrial action during some part, or the whole, of the four weeks following the date of the ballot, and the injunction subsequently lapses or is set aside, or the union is released from its undertaking
In the latter case, a union may apply for a court order which, if granted, would provide that the period of the prohibition would not count towards the four-week period for which ballots are normally effective.
The union must apply to the court no more than eight weeks after the date of the ballot. In such cases, the ballot cannot be effective if a union's first call for industrial action is made more than 12 weeks after the date of the ballot.
If the court believes that the result of a ballot no longer represents the views of union members, or that something has happened or is likely to happen that would result in union members voting against taking, or continuing with, action if there were a fresh ballot, it may not make such an order.
Note that a union cannot gain statutory immunity merely by holding a properly conducted secret ballot after previously calling for industrial action without one.
4. Entitlement to vote
All those members whom the union - at the time of the ballot - reasonably believes will be induced by the union to take part in or continue with the industrial action, must be given the equal entitlement to vote. No one else may be given a vote - otherwise, the ballot will be invalid.
The union may choose whether or not to give a vote to 'overseas members', ie members other than merchant seamen and offshore workers who are outside Northern Ireland at the time of the ballot.
However, members who are in Great Britain throughout the voting period for an industrial action ballot and who will be called upon to take part in, or continue with the industrial action must be given entitlement to vote in the ballot if either:
- their place of work is in Northern Ireland and the ballot is of members at their place of work
- the industrial action to which the ballot relates will involve members in Great Britain as well as Northern Ireland and the ballot is a general one covering workplaces in both Great Britain and Northern Ireland
Members required to be given entitlement to vote by either of these requirements do not count as 'overseas members' for the purposes of the law on industrial action balloting.
The ballot will also be invalid if anyone denied entitlement to vote is subsequently called on to take part in the action by the union with the exception of union members who either:
- were not members at the time of the ballot
- were members at the time of the ballot but who it was not reasonable for the union to expect to be called upon to take action, eg because they changed jobs after the ballot
Where the members of a union with different workplaces are to be balloted, a separate ballot will be necessary for each workplace unless one of the conditions set out below is met. It will be unlawful for the union to organise industrial action at any such workplace where a majority of those voting in the ballot for that workplace have not voted 'Yes' in response to the relevant required question(s). If a worker works at or from a single set of premises, their workplace is those premises. If not, it is the premises with which their employment has the closest connection.
In summary, the conditions for holding a single ballot for more than one workplace are that:
- at each of the workplaces covered by the single ballot there is at least one member of the union affected by the dispute
- entitlement to vote in the single ballot is given and limited to all of a union's members who, according to the union's reasonable belief, are employed in a particular occupation or occupations by one employer or any of a number of employers with whom the union is in dispute
- entitlement to vote in the single ballot is given and limited to all of a union's members who are employed by a particular employer or any of a number of employers with whom the union is in dispute
It is possible for a union to hold more than one ballot on a dispute at a single workplace. If the conditions above are met, some or all of those ballots may also cover members in other workplaces.
5. Voting procedures
Voting must be made by the marking of a voting paper. The union should have sent the employer a sample of this at least three days before the start of the voting.
Those voting must be allowed to do so without interference from or constraint imposed by the union or any of its members, officials, or workers.
So far as is reasonably practicable, every member properly entitled to vote must be:
- able to vote in secret
- given a convenient opportunity to vote by post at no direct cost to themselves
- sent a voting paper by post to their home address or any other address which they have asked the union, in writing, to treat as their postal address
There is a limited exception to these rules for the balloting of union members who are merchant seamen and the union reasonably believes that they will be employed in a ship at sea (or outside Northern Ireland) at some time during the voting period and that it will be convenient for them to vote while on the ship or where the ship is.
The voting paper must ask whether or not the voter is prepared to take part in - or continue to take part in - either:
- a strike
- action short of a strike, eg, an overtime or call-out ban
While the question(s) may be framed in different ways, the voter must be able to answer either 'Yes' or 'No' to indicate whether they are willing to take part in - or continue with - the industrial action.
The voting paper must specify the person(s) or description of the person(s) who the union intends to have authority to call for industrial action to which the ballot relates if the vote is in favour of industrial action.
For this purpose, anyone so specified need not be authorised under the union's rules to call on members to take industrial action but must be among those for whose acts the union is responsible in law.
6. Majority support
Majority support must be obtained in response to the question(s) on the voting paper that is appropriate to the type of industrial action concerned, ie:
- in the case of a strike, majority support must be obtained in response to a question on the voting paper which asks if members are prepared to take part in (or continue with) strike action
- in the case of action short of a strike, majority support must be obtained in response to a question on the voting paper which asks if members are prepared to take part in (or continue with) action short of a strike
- if the action consists or may consist of a strike and other industrial action, majority support must be obtained for each type of action in response to separate questions on the voting paper asking if members are prepared to take part in (or continue with) each type
Majority support means the majority of those who actually vote, not the majority of those entitled to vote.
7. Announcing ballot results
A union must, as soon as reasonably practicable after holding an industrial action ballot, take steps to inform all those entitled to vote, and their employer(s), of the number of:
- votes cast in the ballot
- spoiled voting papers
- individuals answering 'No' to the required question(s)
- individuals answering 'Yes' to the required question(s)
Where separate workplace ballots are required, these details must be notified separately to those entitled to vote at each workplace.
If overseas members of a trade union have been given entitlement to vote in an industrial action ballot, the detailed information about its result need not be sent to them. However, the information supplied to non-overseas members in accordance with the statutory requirements must give separate details relating to overseas and non-overseas members. For these purposes, members in Great Britain given entitlement to vote do not count as overseas members.
8. Consequences of a union's failure to meet balloting requirements
If a union fails to satisfy the statutory requirements relating to the ballot or to give employers notice of industrial action (apart from certain small accidental failures that are unlikely to affect the result), this failure will give grounds for proceedings against a union by:
- a customer
- an employer
- a supplier of an employer
- an individual member of the public claiming that an effect or likely effect of the industrial action would be to prevent or delay the supply of goods or services to them or to reduce the quality of goods or services supplied
With the exception of failures to comply with the requirements to give notice to employers, such failures will also give grounds for action by the union's members.
If a union fails only to provide the required notice of intent to ballot or the sample voting paper to a particular employer who should have received it, only that employer or any individual deprived of goods or services because of the industrial action can bring proceedings.
Failure to satisfy any other balloting requirements will expose the union to proceedings brought by others, eg by its own members.
9. Calls for industrial action from individuals unspecified on the voting paper
A ballot will not give a union statutory immunity from legal proceedings if industrial action is called by a person not specified or described on the voting paper.
Therefore, if someone calls for action other than a specified person and no call is made by a specified person, the union would be at risk of proceedings being brought against it unless it effectively repudiated the call.
10. Statutory code of practice on industrial action notices and ballots
The Department for the Economy's statutory code of practice for industrial ballots and notice to employers promotes good practice in the conduct of industrial action ballots arranged by a trade union and in the preparation of notices to employers.
Failure to observe the provisions of the code does not in itself render a union, or anyone else, liable to any legal proceedings. However, where proceedings are brought against a union, the provisions of the code are admissible in evidence and may be taken into account by a court if they appear relevant to any question before it.
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Recruiting seasonal staff
In this guide:
- Recruiting staff
- Recruiting new staff and other alternatives
- Help with recruiting staff
- Recruiting staff: your options
- Recruiting full-time or part-time employees
- Recruiting staff on fixed-term employment contracts
- Recruiting agency workers
- Recruiting freelancers and outside contractors
- Zero-hours contracts
- Recruiting directors and managers
- Recruiting seasonal staff
- Recruiting staff and data protection issues
- Recruiting staff: seven things you should know
- 8 tips for employing staff for the first time
- Recruiting effectively to grow your business (video)
Recruiting new staff and other alternatives
Consider if you need more staff and what alternatives there are to taking on new staff.
Before spending time and money on employing someone new, you should weigh up whether you really need to recruit new staff. To do this, look at your staffing needs in relation to the wider objectives of the business.
You may need extra help immediately or you may simply be thinking about your future staffing requirements. In both cases, it's valuable to plan as far ahead as you can.
What to consider when recruiting staff
You should consider why you're looking for extra help and how long you will need it for.
When considering staff recruitment ask yourself the following questions:
- Are you considering taking on your first employee to help you grow your business or handle an increasing workload?
- Are you replacing an employee who has left? If so, why did the previous employee leave and what skills and experience have you lost? Do you need to control staff turnover?
- Do you need to bring in a new skill or skills to your business that none of your existing employees possess?
- Has your workload increased? If so, is the workload likely to continue or is it just a temporary increase?
- What will be the impact of taking on a new staff member? Do you have somewhere for them to sit? Will you need to buy new equipment for them?
- Do you need cover for yourself in the long term?
Registering as a new employer
If you are taking on your first employee, you may be required to register as an employer with HM Revenue & Customs (HMRC). See how to employ someone: step-by-step guidance. This guidance provides information on what you will need to register as an employer and takes you through the registration process. Alternatively, you can call the HMRC New Employer Helpline on Tel 0300 200 3211 or Textphone 0300 200 3212.
You can register as an employer online with HMRC.
You are also required to check whether any potential employee is eligible to enter, stay, and work in the UK. See ensure your workers are eligible to work in the UK.
Alternatives to taking on new staff
Since recruitment can be expensive and time-consuming, other options you could consider include:
- re-organising the company structure
- sharing work among existing employees
- upskilling staff which has the benefit of creating development opportunities in the form of temporary promotions
- promoting existing staff
- training existing employees so they attain the skills you require to grow your business - see staff training.
- asking part-time employees if they would consider full-time work or some additional hours
- improving the efficiency of the business, perhaps by rearranging tasks
- offering overtime
- adopting flexible working arrangements, eg allowing some staff to begin earlier/later to provide cover for a longer part of the day
- hiring temporary workers from an employment agency
- offering short-term opportunities - see advertise apprenticeship opportunities on JobApplyNI
In term of employment relations, relying on the goodwill of staff to cover unforeseen extra duties may be fine as a short term solution. However, predictable staff shortages due to a lack of planning or in a deliberate attempt to save costs is likely to damage working relations with your existing workforce. It is also potentially damaging to your business reputation which in turn may make it harder to attract staff in the future.
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Help with recruiting staff
Practical help for employers to recruit staff in Northern Ireland.
If you need help with recruiting or retaining staff, the Department for Communities' (DfC) range of employer services and provision can offer support. See further information on the support available from DfC on finding staff.
From multi-national companies to the shop-owner on the corner, DfC operates a tailored recruitment service across Northern Ireland that offers recruitment advice and support to employers.
A team of highly experienced staff can discuss and tailor a level of service to meet your needs from start to finish. This service may include advice and guidance, advertisement and promotion of vacancies, CV sifting, and interview facilities, access to a range of employment and disability support provision, bespoke events, and inclusion within employability and skills initiatives.
Dedicated staff to help with your recruitment needs
Client Executives
A dedicated Client Executive is appointed for large and public sector businesses offering employers a single point of contact for all their recruitment needs.
Email: dfcemployerservices@communities.gov.uk
Tel: 028 9037 6183Employer Adviser
Small, medium, and micro-sized employers can avail of bespoke support from a dedicated Employer Adviser based within each local Jobs & Benefits office. See the contacts list for Employer Advisers in each Jobs & Benefits office.
Cross Border Partnership Employment Services (CBPES)
Provides a one stop shop with information and guidance for people commuting across the border in order to work. Read more information on Cross Border Partnership Employment Services.
Dedicated services to help with your recruitment needs
Participation at job fairs
An opportunity for employers to showcase their vacancies and for jobseekers to speak with employers about job opportunities.
Meet the Employer events
This is an event where employers can come into our Jobs & Benefits offices to speak with job seekers about the vacancies and opportunities they offer and what it is like to work for them.
Bespoke recruitment events
Our employer engagement staff can facilitate employer recruitment events through the use of DfC's office’s facilities, offering pre-selection/application sifting, candidate matching, sourcing suitable applicants, interview facilities, and in-person assistance on the day.
Dedicated recruitment website - JobApplyNI.com
JobApplyNI.com is a free, government-supported website developed by DfC that allows you to advertise your job vacancies online. Connected to a network of 35 Jobs and Benefits Offices throughout Northern Ireland and staffed with a locally based customer service team JobApplyNI is well-placed to service your recruitment needs.
Read more on how to register and advertise a job using JobApplyNI.com.
To access DfC's service:
- See finding staff
- Email: dfcemployerservices@communities.gov.uk
- Tel 028 9037 6183
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Recruiting staff: your options
Recruiting options for employers taking on new staff.
You must consider the type of worker you wish to employ, depending on factors such as:
- how constant the work is
- how long the work will last
- the number of hours of work each week
Staff recruitment options
You have a number of options for recruiting staff including:
Permanent employees
Permanent employees can be full-time or part-time. Permanent does not mean forever, it simply means there is no identified end date ie they have an open-ended employment contract with you. You have obligations to them, but they will be an investment in your business. See recruiting full-time or part-time employees.
Fixed-term contract employees
Fixed-term contract employees have an employment contract with you for a predetermined time or until a specific task has been completed. You'll still have employer obligations but only for the duration of the contract. See recruiting staff on fixed-term contracts.
Employment agency
Temporary staff are engaged by the agency and supplied to you. Your contract is with the employment agency to supply you with staff, but you still have certain legal responsibilities towards the agency worker. See recruiting agency workers.
Self-employed freelancers, consultants, and contractors
This gives you the minimum of employer obligations. But you need to be sure that the people are legally defined as self-employed. See am I legally classed as self-employed?
Zero-hours contracts
These allow you to employ people casually ie as and when required, and to have people on-call to work whenever necessary and mutually convenient. Generally, you are not obliged to offer work, nor is there a responsibility for the worker to accept any work. Look at the terms of any zero-hours contract carefully as it may affect the employment status of the worker and your responsibility towards them. See zero-hours contracts.
Children or young people
If you plan to employ children or young people, you must keep in mind that there are restrictions on the hours and types of work that they can legally carry out. See employing children and young people.
You will have to make tax arrangements for all employees and may also have to make tax arrangements for workers directly engaged by you. See employment status.
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Recruiting full-time or part-time employees
Employer responsibilities to full-time and part-time employees.
Regardless of whether your employees are full-time or part-time, you will have responsibilities to them. Some apply straight away, others after a minimum period of continuous employment - see continuous employment and employee rights.
What employers must provide to full-time and part-time staff
Written statement of employment
You must give them a written statement of the main terms and conditions of their contract of employment within two months of starting their employment where the contract of employment is to last more than one month. See the written statement of employment.
Itemised pay statement
You must give them an itemised pay statement at or before the time of payment. See pay: employer obligations.
Health and safety
You'll have to make sure the working environment is safe and secure. See safer ways of working.
Insurance
You must also have insurance to protect against claims for any illnesses, injuries, or diseases your employees may pick up as a result of working for you. See business insurance: the basics.
Tax and payroll duties
You'll need to register as an employer with HM Revenue & Customs (HMRC) to set up a payroll, deducting tax and National Insurance contributions from your employees' pay and forwarding the money to HMRC. See how to register as an employer.
Breaks and holidays
Your employees will be entitled to a minimum level of paid holiday, a maximum length of a working week (unless they opt out of this), and minimum levels of rest breaks. See hours, rest breaks, and the working week. Also, see know how much holiday to give your staff.
Paying staff
They must also be paid at least the national minimum wage. Find out the National Minimum Wage and National Living Wage rates.
Sickness
If members of your staff are off sick for more than three working days, they may be entitled to statutory sick pay. See manage absence and sickness.
Statutory entitlements
If your employee is pregnant or is about to or has recently become a parent, they may be entitled to maternity, paternity, adoption leave, or shared parental leave. They may also be entitled to parental leave during the first 18 years of their child's life (longer for a disabled child). Since April 2022, parents may also be eligible for parental bereavement leave and pay.
Read more on statutory leave and pay entitlements.
Flexible working
You must also seriously consider any requests from employees who wish to work more flexibly. See flexible working: the law and best practice. Since April 2015, any eligible employee has the right to make a flexible working request, not just those with children or caring responsibilities.
Fair treatment
You must treat your employees fairly and avoid discrimination. If things do go wrong, all employees are entitled to fair treatment, whether you must dismiss them, make their position redundant, or if you're selling your business. Read more on how to prevent discrimination and value diversity.
Reasonable adjustments
If your employee is disabled, you must make 'reasonable' adjustments to reduce or remove the impact of physical features of your premises if they put the employee at a substantial disadvantage compared with non-disabled employees. Read more on disabled access and facilities in business premises.
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Recruiting staff on fixed-term employment contracts
Advantages and disadvantages of using fixed-term employment contracts when recruiting new staff.
There may be times when it's best for your business to take on somebody on a fixed-term employment contract.
What is a fixed-term employment contract?
A fixed-term employment contract is one which either:
- lasts for a specified time, set in advance
- ends with the completion of a specified task
- ends when a specified event does or does not take place
For example, if you're a shopkeeper you may want to take on someone for just three months to cover the busy run-up to Christmas. Or you may wish to employ someone specifically to cover for another person who is on maternity, adoption or parental leave.
Employer considerations when using fixed-term employment contracts
Fixed-term employment contracts give you the advantage of bringing in specific skills and labour as and when they are needed.
It's important to remember that unless there are special circumstances that can be justified, you have a legal responsibility to treat fixed-term employees the same as comparable permanent employees. This means you must give them:
- the same pay and conditions
- the same or equivalent benefits package
- the same or equivalent pension scheme
- the same opportunity to apply for vacancies for permanent posts in the business
Fixed-term employees also have access to the same employment rights as their permanent equivalents.
Under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002, any employee who has been on a fixed-term contract for four or more years (excluding any period before 1 October 2002) will usually be classed in law as a permanent employee if their contract is renewed, or if they are re-engaged on a new fixed-term contract.
The only exemptions to this are when employment on a further fixed-term contract is objectively justified to achieve a legitimate aim, eg a genuine business aim that can be objectively justified, and is also a necessary and appropriate way to achieve that aim, or the period of four years has been lengthened under a collective or workplace agreement.
These regulations do not apply to apprentices, students on work experience of a year or less, or people on certain training courses and temporary work schemes.
You will need to make the same tax arrangements for fixed-term employees that you would for permanent employees.
See fixed-term employment contracts and 'equal treatment' principle.
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Recruiting agency workers
Information about the employment rules and regulations related to using agency workers.
Using agency staff can be ideal, especially when you need emergency temporary cover. It can cost more than employing a temporary staff member directly, but a big benefit is that all of the administration is handled by the recruitment agency.
You usually pay the agency, and the agency pays the worker. The rate the agency charges you could include elements of National Insurance payments, holiday and sick pay, as well as an administration fee and profit margin.
Rights of agency workers
Under the Agency Workers Regulations (Northern Ireland) 2011, agency workers are entitled to the same basic working and employment conditions as permanent staff, provided that they have been in the same role with the same employer for 12 weeks.
It is the recruitment agency's responsibility to ensure agency workers receive the rights they are entitled to such as those under the Working Time Regulations and national minimum wage law. See hours, rest breaks, and the working week and who should be paid the minimum wage.
However, under the Agency Workers Regulations (Northern Ireland) 2011, agency workers are also entitled to equal access to their employer's collective facilities and job vacancies from the first day of their assignment. It will be your responsibility to ensure that these rights are met. Agency workers regulations NI guidance.
You must also ensure that you do not discriminate against agency workers who are working on your business premises.
In addition, under the Parental Leave (EU Directive) (Flexible Working) Regulations (Northern Ireland) 2013, employed agency workers who are returning to work from a period of parental leave are also extended the right to request flexible working. See flexible working: the law and best practice.
Even though agency staff do not work directly for you, you are still responsible for their health and safety. In fact, they are likely to be at greater risk because they don't know the business well. See agency workers' health and safety for more information.
Choosing an employment agency
You should also do some research before using an employment agency to ensure you are happy with the agency's reputation.
By law, employment agencies must comply with the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 and the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005. These regulations stop them, for example, from charging workers fees for finding jobs. They must also ensure a worker has any qualifications legally required to do the work. See employment agencies.
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Recruiting freelancers and outside contractors
Consider whether your business would benefit from the use of freelancers and outside contractors.
One way your business can take advantage of extra skills and labour without taking on many of the responsibilities of an employer is to use freelancers or outside contractors. These are workers who are self-employed or belong to separate outside companies.
For example, you might use an outside IT contractor to build your business website or hire a freelance PR consultant when you want a promotional push for your business.
Advantages and disadvantages of freelancers and outside contractors
An advantage of using freelancers and outside contractors is that in many cases they look after all their own income tax affairs and National Insurance contributions. But it's always a good idea to check that you won't be responsible for deducting tax and National Insurance from their payments. Read more on IR35 and other special rules.
People who are genuinely self-employed may not be entitled to the same rights afforded to employees. However, depending on the contract under which they are providing services, they may qualify as workers. Under these circumstances, they would be entitled to workers' rights such as holidays and holiday pay. If you are in any doubt about a person's employment status, you should seek professional advice.
Freelancers and contractors still have a right to the national minimum wage. But if they are being paid by their own firms so this will not affect you.
As an employer, you still have responsibilities for the health and safety of freelancers and contractors. See how to write a health and safety policy for your business. Also, you should check whether your insurance is affected by having non-employees working on your premises.
Remember too that you should avoid discrimination against anyone who carries out work for you, whether they are employed by you or self-employed. See how to prevent discrimination and value diversity.
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Zero-hours contracts
Description of zero-hours contracts and employer responsibilities relating to them.
There is no legal definition of a zero-hours contract in either Northern Ireland or Great Britain employment law. In general terms, a zero-hours contract is one in which you do not have to guarantee the individual any work and the individual is not obliged to accept any work offered by you.
There is no exact legislation which specifically prohibits or addresses the unfair practices associated with the use of zero hours contracts. Zero hours contracts have attracted attention as they may leave some individuals who rely on them in a precarious position, where working does not bring the standard of living that it should.
Employer responsibilities under zero-hours contracts
Zero-hours contracts are legal under domestic law. If you freely enter into a zero-hours contract with an individual, it is a legitimate form of contract between you and the individual.
There are concerns that individuals who work under zero-hours contracts have no protection under domestic employment law, or that they cannot be an employee. This is not a correct assumption - as in any employment relationship, the employment rights which an individual is entitled to will depend on their employment status.
It is likely that the majority of individuals on zero-hours contracts are either workers or employees.
In many cases, a zero-hours contract staff member will be legally classified as a 'worker' and thus will have some of the rights that an employee has such as statutory holiday entitlement and National Minimum Wage. However, the way the relationship with that worker develops may enhance the employment status to that of an 'employee', who has additional employment rights such as accruing the right to take maternity leave or pay and the right to request flexible working.
Advantages of zero-hours contracts
As an employer, the advantages of zero-hours contracts include:
Flexibility
Zero-hours contracts allow you to adapt to changes in demand, eg offering more work when new orders arrive and being able to scale back when they do not. Furthermore, you could use zero-hours contracts to increase the range of services offered such as creating specialist roles or having staff available in different geographical locations.
There are instances, such as students seeking summer employment, where, for example, the flexibility of a zero hours contract suits both parties and is therefore a situation that is broadly accepted.
Supporting expansion plans
Through this flexibility, your business could also grow, with limited risk in terms of recruiting permanent staff if you find that the additional services you planned are not taken up. On the other hand, if expansion is successful, zero-hours contracts provide a rapid pathway to fixed-term, annualised hours, full-time, or guaranteed hours of work.
Retention of skills
You could retain the skills and experience of staff who might wish to partially retire or who decide to work part-time.
Knowledge of the company and its culture
You could also retain a pool of trained and skilled staff, who know the culture of the business and its procedures, rather than agency staff who may not.
Disadvantages of zero-hours contracts
Sense of unfairness of zero-hours contracts
You should be aware of the welfare of any individual you employ on a zero-hours contract.
For example, not every zero-hours worker will be happy that they are on such a contract because of a lack of job security. In addition, the inclusion of exclusivity clauses, which means a worker cannot work anywhere else, in some zero-hours contracts has been banned in GB since 26 May 2015. This is currently under review by the Northern Ireland Assembly. Exclusivity clauses may in the future be banned in Northern Ireland in certain employment contracts.
It should also be made clear when advertising or interviewing for a job, or in the contract itself, that an individual is hired on a zero-hours contract, or that there is a possibility they could be offered no work or 'zero-hours'.
As an employer, you need to fulfil and understand your responsibilities towards individuals you hire on a zero-hours contract in terms of their employment rights such as the National Minimum Wage and holiday rights. See who should be paid the minimum wage and know how much holiday to give your staff.
Inflexibility and short notice for staff
Asking an individual to work at very short notice, which does not allow them to, for example, fulfil family commitments, eg to arrange childcare, could be problematic for them, causing tension, stress or upset. This can also lead to a feeling of always being on call and can make it difficult to plan ahead.
You should note that where there are long-term zero-hours contracts in place, where work is regularly offered and accepted, there is the potential for difficulties regarding the actual employment status of the individual on the zero-hours contract.
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Recruiting directors and managers
Skills directors and managers should have and the responsibilities they should be given.
Directors
Every limited company must have at least one director. Directors are appointed by the shareholders as the people who can best run the company on their behalf.
Directors have a range of responsibilities in areas such as health and safety, tax, and employment law. There are serious penalties for not meeting these responsibilities which makes appointing the right director very important.
There are also restrictions on who can become a director. People who may not become directors include anyone who:
- has been disqualified by the courts from becoming a director
- is an undischarged bankrupt, unless they have permission from the courts
- is under 16 years of age
For information on the appointment of directors, see recruiting company directors and running a company or partnership.
Managers
You may wish to take on someone to cover you while you're away so that you can spend more time growing the business. Consider whether it would be a good idea to appoint someone to whom you can delegate the day-to-day running of the business.
When preparing the job description, the advert, and the interview questions, you will need to keep in mind the additional qualities, experience, and skills the candidate will need to take on the managerial role.
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Recruiting seasonal staff
As an employer, there are various options available to you to deal with a seasonal rush.
You may find your business is subject to seasonal fluctuations in demand. For example, December is a busy time for many businesses, particularly retailers who have to deal with a spike in demand as the Christmas period approaches.
Other areas of work that may be influenced by seasonal differences include farming, construction, and gardening.
The simplest strategy is to try to make do with the existing workforce. Increasing overtime and offering weekend or evening work may be enough to bridge the gap. However, if more labour is needed, new people will have to be brought in. See employing staff for seasonal businesses.
There are various options available to deal with this seasonal rush.
Agency workers
Using agency workers is one possibility. Employment agencies take much of the administrative burden of finding appropriate staff and can respond quickly to fluctuating demand.
However, employers also need to be aware of the Agency Workers Regulations (Northern Ireland) 2011, which give workers entitlements to the same employment conditions as permanent employees after a 12-week qualification period.
Read more on recruiting agency workers.
Zero-hours contracts
Zero-hours contracts can give great flexibility to employers and workers. Normally these contracts create an employment relationship in which there is no obligation for one side to offer work, nor the other to accept it.
They avoid the cost of agency fees and make it straightforward to take on extra staff when needed. But it's important to point out that zero-hours workers have the same rights and protections as other workers, such as annual leave, the national minimum wage, and pay for work-related travel.
Read more on zero-hours contracts.
Short fixed-term contracts
It may be more appropriate or effective to use short fixed-term contracts and buy in labour for a particular project or period.
Fixed-term work terminates after a specified period, but contract workers are entitled to the same pay and conditions as permanent staff, equivalent benefits, information about permanent vacancies, and protection from unfavourable treatment.
It's good practice to make notice provisions in fixed-term contracts in case employment needs to be terminated early.
Read more on understanding fixed-term contracts.
Pensions for seasonal and temporary workers
Like other staff, seasonal and temporary workers must be assessed to see if they qualify for automatic enrolment into a workplace pension. Assessing these types of employees can take more time because of varying hours and earnings.
Employers who know their staff will be working for them for less than three months can use postponement. This postpones the legal duty to assess staff for three months. During this postponement period, employers will not need to put staff into a pension unless they ask to be put into one. Employers who do delay have to tell their employees in writing. See the Pensions Regulator's guidance on employing seasonal or temporary staff.
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Recruiting staff and data protection issues
How data protection procedures apply to staff recruitment information.
The Data Protection Act covers information gathered during the recruitment and selection process - eg information in application forms or CVs. Staff involved in recruitment should handle any personal information gathered securely. Under the UK General Data Protection Regulations (UK GDPR), you must explain to job applicants what you do with their personal data. An applicant privacy notice should cover what you do with job applicants' personal data during an active recruitment process, and what you should do at the end of that process with the personal data of both unsuccessful applicants and successful applicants who do not accept the job they are offered.
See the Information Commissioner's Office (ICO) guidance on the Data Protection Act 2018.
You should also make sure that any recruitment advertisements clearly identify your organisation or the employment agency you are using.
Application forms should not ask for irrelevant or unnecessary personal information, such as banking details. See advertising a job and interviewing candidates.
Using recruitment information
If you are going to use information gathered during recruitment processes for other purposes, such as marketing, you must explain this clearly to those involved. Information should not be shared with other organisations without the individual's consent.
Sensitive data recorded for equal opportunities purposes - for example, concerning disabilities, race or sexual orientation - must be used for that purpose only.
Finally, if you are going to check the information supplied by applicants, you should let them know why and how you plan to do so. For example, criminal record checks should always be done through AccessNI. See AccessNI criminal records checks.
Giving references
If someone asks you for information about a worker's record or for a reference for them, you should always check their identity and whether they are entitled to this information. You should only supply a confidential reference or information about a worker if you are absolutely sure that you have their explicit and unambiguous consent to do so.
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Recruiting staff: seven things you should know
If you want to expand your business, one way to do this is to take on new staff.
If you want to expand your business, one way to do this is to take on new staff. Recruiting new staff means taking a chance and investing in your business so it's essential that you choose the right recruitment methods to suit your individual business needs.
Staff recruitment essentials
1. Decide if you really need to recruit new staff
You're going to be spending time and money on recruiting someone new, so look at your staffing needs in relation to your business objectives. Consider why you're looking for extra help and how long you will need it for. Could another option be more viable such as sharing work amongst existing employees, reorganising the company structure, or rearranging tasks? See recruiting new staff and the alternatives.
2. Register as a new employer
If you are taking on your first employee, you may be required to register as an employer with HM Revenue & Customs (HMRC). Most new employers can register online but some will need to register by email, by telephone, or with an HMRC office. See how to register as an employer.
3. Consider the type of worker you wish to employ
The options you have for employing a new worker will depend on factors such as how constant the work is, how long it will last, and the number of hours per week. There are a number of options available including permanent employees, fixed-term contract employees, self-employed freelancers or contractors, and employment agency staff. In addition, do you need someone there on a full-time or part-time basis? See recruiting staff: your options.
4. Write a job description and person specification
Preparing a job description is not a legal requirement but it can help with deciding the scope of the work, advertising the job, and clarifying what applicants will have to do in the job. It can also help to identify a new recruit's performance and identify their training needs. If you decide to include a person specification, you should include the essential and desirable knowledge, experience, and skills you are looking for. If you already have an existing job description and person specification for a role, these should be reviewed prior to a recruitment exercise to ensure they are still accurate. See writing a person specification and job description.
5. Decide how much you should pay
Offering a competitive salary and benefits will help you to attract the best person for the job. However, you should balance this with how low you need to keep your costs. Work out what you can afford and assess whether the job requires specialised skills that should be reflected in the wages. See how to set the right pay rates.
6. Advertise and interview for the position
There are many options available when advertising a job including newspapers, online recruitment sites, and employment agencies. Decide on the most appropriate option for your business, ensuring you reach as wide a group of suitably qualified potential candidates as you can. When you have the replies to your advertisement, compare the skills and experience against the job description, draw up a list of candidates, and invite them to interview. Carry out appropriate preparation for the interview so it will be as easy as possible for you and the candidate. See recruitment forms and templates.
7. Make a job offer
The final stage of the recruitment process involves choosing the successful candidate. You can inform them by telephone or email, followed up by a formal confirmation in a letter which should set out the main terms and conditions of the job. It should also state whether the offer is conditional, ie subject to the outcome of checks, or unconditional, ie not subject to any further checks. Once the offer is accepted, a contract of employment exists between you and the employee. See job offers and staff inductions.
Further information on recruitment can be found in the Invest Northern Ireland Employers' Handbook which outlines both legal essentials and best practice guidelines for effective HR management.
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8 tips for employing staff for the first time
When you become an employer for the first time and take on a new employee, there are important checks you must make.
When you become an employer for the first time and take on a new employee, there are important checks you must make. Here are eight key steps that you should consider when employing staff for the first time.
Tips for employing staff for the first time
1. Decide how much to pay your employee
Almost all workers are legally entitled to the National Minimum Wage. The National Living Wage is higher than the National Minimum Wage - workers get it if they are 21 years old and over. See National Minimum Wage and National Living Wage - rates and overview.
2. Carry out pre-employment checks
You should carry out an initial identity check on workers and verify their references and qualifications. You may also wish to include health checks as part of your recruitment process. See pre-employment checks.
3. Check if your employee has the right to work in the UK
You must check whether your employee is legally entitled to work in the UK. See ensure your workers are eligible to work in the UK.
4. Check if you need to apply for a criminal records check
Certain types of employment (eg security or working with children or vulnerable adults) require an AccessNI criminal records check. See AccessNI criminal records checks.
5. Get employment insurance
You will need employers' liability insurance as soon as you become an employer. This insurance enables businesses to meet the costs of damages and legal fees for employees who are injured or fall ill at work through the fault of the employer. See employers' liability insurance.
6. Send details of the job in writing to your employee
Once you have chosen your new employee, you should send them details of the job in writing. This should set out the main terms and conditions of the job. You also need to give your employee a written statement of employment particulars if you're employing them for more than one month.
7. Tell HM Revenue & Customs (HMRC) you are an employer
If you employ someone, you will need to register as an employer with HMRC. See registering and getting started with PAYE.
8. Check if you need to automatically enrol your employee into a workplace pension scheme
All employers must provide workers with a qualifying workplace pension. Read more on automatic enrolment into a workplace pension.
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Recruiting effectively to grow your business (video)
Advice on how effective recruitment will ensure you get the right people to grow your business.
A short 2-minute video explaining how effective recruitment will ensure you get the right people to grow your business.
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Zero-hours contracts
In this guide:
- Recruiting staff
- Recruiting new staff and other alternatives
- Help with recruiting staff
- Recruiting staff: your options
- Recruiting full-time or part-time employees
- Recruiting staff on fixed-term employment contracts
- Recruiting agency workers
- Recruiting freelancers and outside contractors
- Zero-hours contracts
- Recruiting directors and managers
- Recruiting seasonal staff
- Recruiting staff and data protection issues
- Recruiting staff: seven things you should know
- 8 tips for employing staff for the first time
- Recruiting effectively to grow your business (video)
Recruiting new staff and other alternatives
Consider if you need more staff and what alternatives there are to taking on new staff.
Before spending time and money on employing someone new, you should weigh up whether you really need to recruit new staff. To do this, look at your staffing needs in relation to the wider objectives of the business.
You may need extra help immediately or you may simply be thinking about your future staffing requirements. In both cases, it's valuable to plan as far ahead as you can.
What to consider when recruiting staff
You should consider why you're looking for extra help and how long you will need it for.
When considering staff recruitment ask yourself the following questions:
- Are you considering taking on your first employee to help you grow your business or handle an increasing workload?
- Are you replacing an employee who has left? If so, why did the previous employee leave and what skills and experience have you lost? Do you need to control staff turnover?
- Do you need to bring in a new skill or skills to your business that none of your existing employees possess?
- Has your workload increased? If so, is the workload likely to continue or is it just a temporary increase?
- What will be the impact of taking on a new staff member? Do you have somewhere for them to sit? Will you need to buy new equipment for them?
- Do you need cover for yourself in the long term?
Registering as a new employer
If you are taking on your first employee, you may be required to register as an employer with HM Revenue & Customs (HMRC). See how to employ someone: step-by-step guidance. This guidance provides information on what you will need to register as an employer and takes you through the registration process. Alternatively, you can call the HMRC New Employer Helpline on Tel 0300 200 3211 or Textphone 0300 200 3212.
You can register as an employer online with HMRC.
You are also required to check whether any potential employee is eligible to enter, stay, and work in the UK. See ensure your workers are eligible to work in the UK.
Alternatives to taking on new staff
Since recruitment can be expensive and time-consuming, other options you could consider include:
- re-organising the company structure
- sharing work among existing employees
- upskilling staff which has the benefit of creating development opportunities in the form of temporary promotions
- promoting existing staff
- training existing employees so they attain the skills you require to grow your business - see staff training.
- asking part-time employees if they would consider full-time work or some additional hours
- improving the efficiency of the business, perhaps by rearranging tasks
- offering overtime
- adopting flexible working arrangements, eg allowing some staff to begin earlier/later to provide cover for a longer part of the day
- hiring temporary workers from an employment agency
- offering short-term opportunities - see advertise apprenticeship opportunities on JobApplyNI
In term of employment relations, relying on the goodwill of staff to cover unforeseen extra duties may be fine as a short term solution. However, predictable staff shortages due to a lack of planning or in a deliberate attempt to save costs is likely to damage working relations with your existing workforce. It is also potentially damaging to your business reputation which in turn may make it harder to attract staff in the future.
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Help with recruiting staff
Practical help for employers to recruit staff in Northern Ireland.
If you need help with recruiting or retaining staff, the Department for Communities' (DfC) range of employer services and provision can offer support. See further information on the support available from DfC on finding staff.
From multi-national companies to the shop-owner on the corner, DfC operates a tailored recruitment service across Northern Ireland that offers recruitment advice and support to employers.
A team of highly experienced staff can discuss and tailor a level of service to meet your needs from start to finish. This service may include advice and guidance, advertisement and promotion of vacancies, CV sifting, and interview facilities, access to a range of employment and disability support provision, bespoke events, and inclusion within employability and skills initiatives.
Dedicated staff to help with your recruitment needs
Client Executives
A dedicated Client Executive is appointed for large and public sector businesses offering employers a single point of contact for all their recruitment needs.
Email: dfcemployerservices@communities.gov.uk
Tel: 028 9037 6183Employer Adviser
Small, medium, and micro-sized employers can avail of bespoke support from a dedicated Employer Adviser based within each local Jobs & Benefits office. See the contacts list for Employer Advisers in each Jobs & Benefits office.
Cross Border Partnership Employment Services (CBPES)
Provides a one stop shop with information and guidance for people commuting across the border in order to work. Read more information on Cross Border Partnership Employment Services.
Dedicated services to help with your recruitment needs
Participation at job fairs
An opportunity for employers to showcase their vacancies and for jobseekers to speak with employers about job opportunities.
Meet the Employer events
This is an event where employers can come into our Jobs & Benefits offices to speak with job seekers about the vacancies and opportunities they offer and what it is like to work for them.
Bespoke recruitment events
Our employer engagement staff can facilitate employer recruitment events through the use of DfC's office’s facilities, offering pre-selection/application sifting, candidate matching, sourcing suitable applicants, interview facilities, and in-person assistance on the day.
Dedicated recruitment website - JobApplyNI.com
JobApplyNI.com is a free, government-supported website developed by DfC that allows you to advertise your job vacancies online. Connected to a network of 35 Jobs and Benefits Offices throughout Northern Ireland and staffed with a locally based customer service team JobApplyNI is well-placed to service your recruitment needs.
Read more on how to register and advertise a job using JobApplyNI.com.
To access DfC's service:
- See finding staff
- Email: dfcemployerservices@communities.gov.uk
- Tel 028 9037 6183
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Recruiting staff: your options
Recruiting options for employers taking on new staff.
You must consider the type of worker you wish to employ, depending on factors such as:
- how constant the work is
- how long the work will last
- the number of hours of work each week
Staff recruitment options
You have a number of options for recruiting staff including:
Permanent employees
Permanent employees can be full-time or part-time. Permanent does not mean forever, it simply means there is no identified end date ie they have an open-ended employment contract with you. You have obligations to them, but they will be an investment in your business. See recruiting full-time or part-time employees.
Fixed-term contract employees
Fixed-term contract employees have an employment contract with you for a predetermined time or until a specific task has been completed. You'll still have employer obligations but only for the duration of the contract. See recruiting staff on fixed-term contracts.
Employment agency
Temporary staff are engaged by the agency and supplied to you. Your contract is with the employment agency to supply you with staff, but you still have certain legal responsibilities towards the agency worker. See recruiting agency workers.
Self-employed freelancers, consultants, and contractors
This gives you the minimum of employer obligations. But you need to be sure that the people are legally defined as self-employed. See am I legally classed as self-employed?
Zero-hours contracts
These allow you to employ people casually ie as and when required, and to have people on-call to work whenever necessary and mutually convenient. Generally, you are not obliged to offer work, nor is there a responsibility for the worker to accept any work. Look at the terms of any zero-hours contract carefully as it may affect the employment status of the worker and your responsibility towards them. See zero-hours contracts.
Children or young people
If you plan to employ children or young people, you must keep in mind that there are restrictions on the hours and types of work that they can legally carry out. See employing children and young people.
You will have to make tax arrangements for all employees and may also have to make tax arrangements for workers directly engaged by you. See employment status.
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Recruiting full-time or part-time employees
Employer responsibilities to full-time and part-time employees.
Regardless of whether your employees are full-time or part-time, you will have responsibilities to them. Some apply straight away, others after a minimum period of continuous employment - see continuous employment and employee rights.
What employers must provide to full-time and part-time staff
Written statement of employment
You must give them a written statement of the main terms and conditions of their contract of employment within two months of starting their employment where the contract of employment is to last more than one month. See the written statement of employment.
Itemised pay statement
You must give them an itemised pay statement at or before the time of payment. See pay: employer obligations.
Health and safety
You'll have to make sure the working environment is safe and secure. See safer ways of working.
Insurance
You must also have insurance to protect against claims for any illnesses, injuries, or diseases your employees may pick up as a result of working for you. See business insurance: the basics.
Tax and payroll duties
You'll need to register as an employer with HM Revenue & Customs (HMRC) to set up a payroll, deducting tax and National Insurance contributions from your employees' pay and forwarding the money to HMRC. See how to register as an employer.
Breaks and holidays
Your employees will be entitled to a minimum level of paid holiday, a maximum length of a working week (unless they opt out of this), and minimum levels of rest breaks. See hours, rest breaks, and the working week. Also, see know how much holiday to give your staff.
Paying staff
They must also be paid at least the national minimum wage. Find out the National Minimum Wage and National Living Wage rates.
Sickness
If members of your staff are off sick for more than three working days, they may be entitled to statutory sick pay. See manage absence and sickness.
Statutory entitlements
If your employee is pregnant or is about to or has recently become a parent, they may be entitled to maternity, paternity, adoption leave, or shared parental leave. They may also be entitled to parental leave during the first 18 years of their child's life (longer for a disabled child). Since April 2022, parents may also be eligible for parental bereavement leave and pay.
Read more on statutory leave and pay entitlements.
Flexible working
You must also seriously consider any requests from employees who wish to work more flexibly. See flexible working: the law and best practice. Since April 2015, any eligible employee has the right to make a flexible working request, not just those with children or caring responsibilities.
Fair treatment
You must treat your employees fairly and avoid discrimination. If things do go wrong, all employees are entitled to fair treatment, whether you must dismiss them, make their position redundant, or if you're selling your business. Read more on how to prevent discrimination and value diversity.
Reasonable adjustments
If your employee is disabled, you must make 'reasonable' adjustments to reduce or remove the impact of physical features of your premises if they put the employee at a substantial disadvantage compared with non-disabled employees. Read more on disabled access and facilities in business premises.
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Recruiting staff on fixed-term employment contracts
Advantages and disadvantages of using fixed-term employment contracts when recruiting new staff.
There may be times when it's best for your business to take on somebody on a fixed-term employment contract.
What is a fixed-term employment contract?
A fixed-term employment contract is one which either:
- lasts for a specified time, set in advance
- ends with the completion of a specified task
- ends when a specified event does or does not take place
For example, if you're a shopkeeper you may want to take on someone for just three months to cover the busy run-up to Christmas. Or you may wish to employ someone specifically to cover for another person who is on maternity, adoption or parental leave.
Employer considerations when using fixed-term employment contracts
Fixed-term employment contracts give you the advantage of bringing in specific skills and labour as and when they are needed.
It's important to remember that unless there are special circumstances that can be justified, you have a legal responsibility to treat fixed-term employees the same as comparable permanent employees. This means you must give them:
- the same pay and conditions
- the same or equivalent benefits package
- the same or equivalent pension scheme
- the same opportunity to apply for vacancies for permanent posts in the business
Fixed-term employees also have access to the same employment rights as their permanent equivalents.
Under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002, any employee who has been on a fixed-term contract for four or more years (excluding any period before 1 October 2002) will usually be classed in law as a permanent employee if their contract is renewed, or if they are re-engaged on a new fixed-term contract.
The only exemptions to this are when employment on a further fixed-term contract is objectively justified to achieve a legitimate aim, eg a genuine business aim that can be objectively justified, and is also a necessary and appropriate way to achieve that aim, or the period of four years has been lengthened under a collective or workplace agreement.
These regulations do not apply to apprentices, students on work experience of a year or less, or people on certain training courses and temporary work schemes.
You will need to make the same tax arrangements for fixed-term employees that you would for permanent employees.
See fixed-term employment contracts and 'equal treatment' principle.
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Recruiting agency workers
Information about the employment rules and regulations related to using agency workers.
Using agency staff can be ideal, especially when you need emergency temporary cover. It can cost more than employing a temporary staff member directly, but a big benefit is that all of the administration is handled by the recruitment agency.
You usually pay the agency, and the agency pays the worker. The rate the agency charges you could include elements of National Insurance payments, holiday and sick pay, as well as an administration fee and profit margin.
Rights of agency workers
Under the Agency Workers Regulations (Northern Ireland) 2011, agency workers are entitled to the same basic working and employment conditions as permanent staff, provided that they have been in the same role with the same employer for 12 weeks.
It is the recruitment agency's responsibility to ensure agency workers receive the rights they are entitled to such as those under the Working Time Regulations and national minimum wage law. See hours, rest breaks, and the working week and who should be paid the minimum wage.
However, under the Agency Workers Regulations (Northern Ireland) 2011, agency workers are also entitled to equal access to their employer's collective facilities and job vacancies from the first day of their assignment. It will be your responsibility to ensure that these rights are met. Agency workers regulations NI guidance.
You must also ensure that you do not discriminate against agency workers who are working on your business premises.
In addition, under the Parental Leave (EU Directive) (Flexible Working) Regulations (Northern Ireland) 2013, employed agency workers who are returning to work from a period of parental leave are also extended the right to request flexible working. See flexible working: the law and best practice.
Even though agency staff do not work directly for you, you are still responsible for their health and safety. In fact, they are likely to be at greater risk because they don't know the business well. See agency workers' health and safety for more information.
Choosing an employment agency
You should also do some research before using an employment agency to ensure you are happy with the agency's reputation.
By law, employment agencies must comply with the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 and the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005. These regulations stop them, for example, from charging workers fees for finding jobs. They must also ensure a worker has any qualifications legally required to do the work. See employment agencies.
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Recruiting freelancers and outside contractors
Consider whether your business would benefit from the use of freelancers and outside contractors.
One way your business can take advantage of extra skills and labour without taking on many of the responsibilities of an employer is to use freelancers or outside contractors. These are workers who are self-employed or belong to separate outside companies.
For example, you might use an outside IT contractor to build your business website or hire a freelance PR consultant when you want a promotional push for your business.
Advantages and disadvantages of freelancers and outside contractors
An advantage of using freelancers and outside contractors is that in many cases they look after all their own income tax affairs and National Insurance contributions. But it's always a good idea to check that you won't be responsible for deducting tax and National Insurance from their payments. Read more on IR35 and other special rules.
People who are genuinely self-employed may not be entitled to the same rights afforded to employees. However, depending on the contract under which they are providing services, they may qualify as workers. Under these circumstances, they would be entitled to workers' rights such as holidays and holiday pay. If you are in any doubt about a person's employment status, you should seek professional advice.
Freelancers and contractors still have a right to the national minimum wage. But if they are being paid by their own firms so this will not affect you.
As an employer, you still have responsibilities for the health and safety of freelancers and contractors. See how to write a health and safety policy for your business. Also, you should check whether your insurance is affected by having non-employees working on your premises.
Remember too that you should avoid discrimination against anyone who carries out work for you, whether they are employed by you or self-employed. See how to prevent discrimination and value diversity.
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Zero-hours contracts
Description of zero-hours contracts and employer responsibilities relating to them.
There is no legal definition of a zero-hours contract in either Northern Ireland or Great Britain employment law. In general terms, a zero-hours contract is one in which you do not have to guarantee the individual any work and the individual is not obliged to accept any work offered by you.
There is no exact legislation which specifically prohibits or addresses the unfair practices associated with the use of zero hours contracts. Zero hours contracts have attracted attention as they may leave some individuals who rely on them in a precarious position, where working does not bring the standard of living that it should.
Employer responsibilities under zero-hours contracts
Zero-hours contracts are legal under domestic law. If you freely enter into a zero-hours contract with an individual, it is a legitimate form of contract between you and the individual.
There are concerns that individuals who work under zero-hours contracts have no protection under domestic employment law, or that they cannot be an employee. This is not a correct assumption - as in any employment relationship, the employment rights which an individual is entitled to will depend on their employment status.
It is likely that the majority of individuals on zero-hours contracts are either workers or employees.
In many cases, a zero-hours contract staff member will be legally classified as a 'worker' and thus will have some of the rights that an employee has such as statutory holiday entitlement and National Minimum Wage. However, the way the relationship with that worker develops may enhance the employment status to that of an 'employee', who has additional employment rights such as accruing the right to take maternity leave or pay and the right to request flexible working.
Advantages of zero-hours contracts
As an employer, the advantages of zero-hours contracts include:
Flexibility
Zero-hours contracts allow you to adapt to changes in demand, eg offering more work when new orders arrive and being able to scale back when they do not. Furthermore, you could use zero-hours contracts to increase the range of services offered such as creating specialist roles or having staff available in different geographical locations.
There are instances, such as students seeking summer employment, where, for example, the flexibility of a zero hours contract suits both parties and is therefore a situation that is broadly accepted.
Supporting expansion plans
Through this flexibility, your business could also grow, with limited risk in terms of recruiting permanent staff if you find that the additional services you planned are not taken up. On the other hand, if expansion is successful, zero-hours contracts provide a rapid pathway to fixed-term, annualised hours, full-time, or guaranteed hours of work.
Retention of skills
You could retain the skills and experience of staff who might wish to partially retire or who decide to work part-time.
Knowledge of the company and its culture
You could also retain a pool of trained and skilled staff, who know the culture of the business and its procedures, rather than agency staff who may not.
Disadvantages of zero-hours contracts
Sense of unfairness of zero-hours contracts
You should be aware of the welfare of any individual you employ on a zero-hours contract.
For example, not every zero-hours worker will be happy that they are on such a contract because of a lack of job security. In addition, the inclusion of exclusivity clauses, which means a worker cannot work anywhere else, in some zero-hours contracts has been banned in GB since 26 May 2015. This is currently under review by the Northern Ireland Assembly. Exclusivity clauses may in the future be banned in Northern Ireland in certain employment contracts.
It should also be made clear when advertising or interviewing for a job, or in the contract itself, that an individual is hired on a zero-hours contract, or that there is a possibility they could be offered no work or 'zero-hours'.
As an employer, you need to fulfil and understand your responsibilities towards individuals you hire on a zero-hours contract in terms of their employment rights such as the National Minimum Wage and holiday rights. See who should be paid the minimum wage and know how much holiday to give your staff.
Inflexibility and short notice for staff
Asking an individual to work at very short notice, which does not allow them to, for example, fulfil family commitments, eg to arrange childcare, could be problematic for them, causing tension, stress or upset. This can also lead to a feeling of always being on call and can make it difficult to plan ahead.
You should note that where there are long-term zero-hours contracts in place, where work is regularly offered and accepted, there is the potential for difficulties regarding the actual employment status of the individual on the zero-hours contract.
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Recruiting directors and managers
Skills directors and managers should have and the responsibilities they should be given.
Directors
Every limited company must have at least one director. Directors are appointed by the shareholders as the people who can best run the company on their behalf.
Directors have a range of responsibilities in areas such as health and safety, tax, and employment law. There are serious penalties for not meeting these responsibilities which makes appointing the right director very important.
There are also restrictions on who can become a director. People who may not become directors include anyone who:
- has been disqualified by the courts from becoming a director
- is an undischarged bankrupt, unless they have permission from the courts
- is under 16 years of age
For information on the appointment of directors, see recruiting company directors and running a company or partnership.
Managers
You may wish to take on someone to cover you while you're away so that you can spend more time growing the business. Consider whether it would be a good idea to appoint someone to whom you can delegate the day-to-day running of the business.
When preparing the job description, the advert, and the interview questions, you will need to keep in mind the additional qualities, experience, and skills the candidate will need to take on the managerial role.
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Recruiting seasonal staff
As an employer, there are various options available to you to deal with a seasonal rush.
You may find your business is subject to seasonal fluctuations in demand. For example, December is a busy time for many businesses, particularly retailers who have to deal with a spike in demand as the Christmas period approaches.
Other areas of work that may be influenced by seasonal differences include farming, construction, and gardening.
The simplest strategy is to try to make do with the existing workforce. Increasing overtime and offering weekend or evening work may be enough to bridge the gap. However, if more labour is needed, new people will have to be brought in. See employing staff for seasonal businesses.
There are various options available to deal with this seasonal rush.
Agency workers
Using agency workers is one possibility. Employment agencies take much of the administrative burden of finding appropriate staff and can respond quickly to fluctuating demand.
However, employers also need to be aware of the Agency Workers Regulations (Northern Ireland) 2011, which give workers entitlements to the same employment conditions as permanent employees after a 12-week qualification period.
Read more on recruiting agency workers.
Zero-hours contracts
Zero-hours contracts can give great flexibility to employers and workers. Normally these contracts create an employment relationship in which there is no obligation for one side to offer work, nor the other to accept it.
They avoid the cost of agency fees and make it straightforward to take on extra staff when needed. But it's important to point out that zero-hours workers have the same rights and protections as other workers, such as annual leave, the national minimum wage, and pay for work-related travel.
Read more on zero-hours contracts.
Short fixed-term contracts
It may be more appropriate or effective to use short fixed-term contracts and buy in labour for a particular project or period.
Fixed-term work terminates after a specified period, but contract workers are entitled to the same pay and conditions as permanent staff, equivalent benefits, information about permanent vacancies, and protection from unfavourable treatment.
It's good practice to make notice provisions in fixed-term contracts in case employment needs to be terminated early.
Read more on understanding fixed-term contracts.
Pensions for seasonal and temporary workers
Like other staff, seasonal and temporary workers must be assessed to see if they qualify for automatic enrolment into a workplace pension. Assessing these types of employees can take more time because of varying hours and earnings.
Employers who know their staff will be working for them for less than three months can use postponement. This postpones the legal duty to assess staff for three months. During this postponement period, employers will not need to put staff into a pension unless they ask to be put into one. Employers who do delay have to tell their employees in writing. See the Pensions Regulator's guidance on employing seasonal or temporary staff.
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Recruiting staff and data protection issues
How data protection procedures apply to staff recruitment information.
The Data Protection Act covers information gathered during the recruitment and selection process - eg information in application forms or CVs. Staff involved in recruitment should handle any personal information gathered securely. Under the UK General Data Protection Regulations (UK GDPR), you must explain to job applicants what you do with their personal data. An applicant privacy notice should cover what you do with job applicants' personal data during an active recruitment process, and what you should do at the end of that process with the personal data of both unsuccessful applicants and successful applicants who do not accept the job they are offered.
See the Information Commissioner's Office (ICO) guidance on the Data Protection Act 2018.
You should also make sure that any recruitment advertisements clearly identify your organisation or the employment agency you are using.
Application forms should not ask for irrelevant or unnecessary personal information, such as banking details. See advertising a job and interviewing candidates.
Using recruitment information
If you are going to use information gathered during recruitment processes for other purposes, such as marketing, you must explain this clearly to those involved. Information should not be shared with other organisations without the individual's consent.
Sensitive data recorded for equal opportunities purposes - for example, concerning disabilities, race or sexual orientation - must be used for that purpose only.
Finally, if you are going to check the information supplied by applicants, you should let them know why and how you plan to do so. For example, criminal record checks should always be done through AccessNI. See AccessNI criminal records checks.
Giving references
If someone asks you for information about a worker's record or for a reference for them, you should always check their identity and whether they are entitled to this information. You should only supply a confidential reference or information about a worker if you are absolutely sure that you have their explicit and unambiguous consent to do so.
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Recruiting staff: seven things you should know
If you want to expand your business, one way to do this is to take on new staff.
If you want to expand your business, one way to do this is to take on new staff. Recruiting new staff means taking a chance and investing in your business so it's essential that you choose the right recruitment methods to suit your individual business needs.
Staff recruitment essentials
1. Decide if you really need to recruit new staff
You're going to be spending time and money on recruiting someone new, so look at your staffing needs in relation to your business objectives. Consider why you're looking for extra help and how long you will need it for. Could another option be more viable such as sharing work amongst existing employees, reorganising the company structure, or rearranging tasks? See recruiting new staff and the alternatives.
2. Register as a new employer
If you are taking on your first employee, you may be required to register as an employer with HM Revenue & Customs (HMRC). Most new employers can register online but some will need to register by email, by telephone, or with an HMRC office. See how to register as an employer.
3. Consider the type of worker you wish to employ
The options you have for employing a new worker will depend on factors such as how constant the work is, how long it will last, and the number of hours per week. There are a number of options available including permanent employees, fixed-term contract employees, self-employed freelancers or contractors, and employment agency staff. In addition, do you need someone there on a full-time or part-time basis? See recruiting staff: your options.
4. Write a job description and person specification
Preparing a job description is not a legal requirement but it can help with deciding the scope of the work, advertising the job, and clarifying what applicants will have to do in the job. It can also help to identify a new recruit's performance and identify their training needs. If you decide to include a person specification, you should include the essential and desirable knowledge, experience, and skills you are looking for. If you already have an existing job description and person specification for a role, these should be reviewed prior to a recruitment exercise to ensure they are still accurate. See writing a person specification and job description.
5. Decide how much you should pay
Offering a competitive salary and benefits will help you to attract the best person for the job. However, you should balance this with how low you need to keep your costs. Work out what you can afford and assess whether the job requires specialised skills that should be reflected in the wages. See how to set the right pay rates.
6. Advertise and interview for the position
There are many options available when advertising a job including newspapers, online recruitment sites, and employment agencies. Decide on the most appropriate option for your business, ensuring you reach as wide a group of suitably qualified potential candidates as you can. When you have the replies to your advertisement, compare the skills and experience against the job description, draw up a list of candidates, and invite them to interview. Carry out appropriate preparation for the interview so it will be as easy as possible for you and the candidate. See recruitment forms and templates.
7. Make a job offer
The final stage of the recruitment process involves choosing the successful candidate. You can inform them by telephone or email, followed up by a formal confirmation in a letter which should set out the main terms and conditions of the job. It should also state whether the offer is conditional, ie subject to the outcome of checks, or unconditional, ie not subject to any further checks. Once the offer is accepted, a contract of employment exists between you and the employee. See job offers and staff inductions.
Further information on recruitment can be found in the Invest Northern Ireland Employers' Handbook which outlines both legal essentials and best practice guidelines for effective HR management.
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8 tips for employing staff for the first time
When you become an employer for the first time and take on a new employee, there are important checks you must make.
When you become an employer for the first time and take on a new employee, there are important checks you must make. Here are eight key steps that you should consider when employing staff for the first time.
Tips for employing staff for the first time
1. Decide how much to pay your employee
Almost all workers are legally entitled to the National Minimum Wage. The National Living Wage is higher than the National Minimum Wage - workers get it if they are 21 years old and over. See National Minimum Wage and National Living Wage - rates and overview.
2. Carry out pre-employment checks
You should carry out an initial identity check on workers and verify their references and qualifications. You may also wish to include health checks as part of your recruitment process. See pre-employment checks.
3. Check if your employee has the right to work in the UK
You must check whether your employee is legally entitled to work in the UK. See ensure your workers are eligible to work in the UK.
4. Check if you need to apply for a criminal records check
Certain types of employment (eg security or working with children or vulnerable adults) require an AccessNI criminal records check. See AccessNI criminal records checks.
5. Get employment insurance
You will need employers' liability insurance as soon as you become an employer. This insurance enables businesses to meet the costs of damages and legal fees for employees who are injured or fall ill at work through the fault of the employer. See employers' liability insurance.
6. Send details of the job in writing to your employee
Once you have chosen your new employee, you should send them details of the job in writing. This should set out the main terms and conditions of the job. You also need to give your employee a written statement of employment particulars if you're employing them for more than one month.
7. Tell HM Revenue & Customs (HMRC) you are an employer
If you employ someone, you will need to register as an employer with HMRC. See registering and getting started with PAYE.
8. Check if you need to automatically enrol your employee into a workplace pension scheme
All employers must provide workers with a qualifying workplace pension. Read more on automatic enrolment into a workplace pension.
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Recruiting effectively to grow your business (video)
Advice on how effective recruitment will ensure you get the right people to grow your business.
A short 2-minute video explaining how effective recruitment will ensure you get the right people to grow your business.
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Medical suspension on maternity grounds
Health and safety of pregnant workers
Employers' additional health and safety obligations towards pregnant workers and female workers of childbearing age.
You have a legal duty to protect the health and safety of pregnant mothers at work. This includes workers who could be pregnant as well as those who you know are pregnant.
Workplace risk assessment
Some substances, processes, and working conditions may affect human fertility as well as pose a risk to a pregnant worker and/or her unborn child. Therefore, you must think about the health of women of childbearing age, not just those who have told you that they are pregnant.
If you employ women of childbearing age you should, as part of your normal risk assessment, consider if any work is likely to present a particular risk to them - whether or not they might be pregnant.
As part of your legal duty to take measures to protect your workers, all employers must undertake a workplace risk assessment for their pregnant employees. For further information see risk assessment for pregnant workers and new mothers - employer guidance from the Health and Safety Executive NI (HSENI).
Notification from a pregnant worker
You should also encourage workers - eg via your maternity policy or staff handbook - to notify you as soon as possible if they become pregnant. This is so you can identify if any further action is needed.
You are entitled to ask a pregnant worker to provide:
- notification of her pregnancy in writing
- a certificate from a registered medical practitioner or a registered midwife showing that she is pregnant
Note that you do not have to:
- begin to take any action in relation to a particular pregnant worker's health and safety until she gives you written notification
- maintain any action in relation to her where she has failed to give you the certificate within a reasonable period of time - although you must have requested in writing to see the certificate
However, even if a pregnant worker has not formally notified you of her pregnancy, it is good practice to do a risk assessment for her if you become aware that she is pregnant.
Once a worker notifies you she is pregnant, you should review the risk assessment for her specific work and identify any changes that are necessary to protect her health and that of her unborn baby. Involve the worker in the process and review the assessment as her pregnancy progresses to see if any further adjustments are needed.
For more information on health and safety risk assessments, see health and safety risk assessment.
Potential hazards for pregnant workers
Things that might be hazardous to female employees - and pregnant workers in particular - include:
- mental and physical fatigue caused by long working hours
- night-time working
- work-related stress
- excessive noise
- extremes of cold and heat
- threat of violence in the workplace
- exposure to harmful substances, eg lead, pesticides, solvents, mercury, carbon monoxide, antimitotic (cytotoxic) drugs
- exposure to radiation
- lifting/carrying heavy loads
- working at heights
- exposure to infectious diseases
- sitting or standing still for long periods of time
- unhealthy workstations or posture
- lone working
- exposure to vibration
If you identify a risk that could cause harm to your worker or their child, you must decide if you can control it. If you cannot control or remove the risk, you must do the following: eg adjust working conditions or working hours to avoid the risk or offer her suitable alternative work.
If this isn't possible, you must suspend the worker on paid leave for as long as necessary to protect their health and safety and that of their child.
Managing the health and safety of pregnant workers and new mothers - HSENI employer guidance.
Rest facilities for pregnant and breastfeeding mothers
You're required by law to provide somewhere for pregnant and breastfeeding mothers to rest.
Pregnant workers and breastfeeding mothers are entitled to more frequent rest breaks. You should talk to them so you can agree on the timing and frequency.
You must provide a suitable area where they can rest, including somewhere to lie down if necessary. You must provide a private, clean, and safe room for nursing mothers to express if they choose to and somewhere to store breast milk, eg a fridge. Toilet facilities are not a suitable or hygienic place for this purpose.
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Medical suspension on maternity grounds
When an employee who is pregnant, or has recently given birth, or who is breast-feeding may have to be suspended from work on maternity grounds.
Where an expectant or new mother would be exposed to risk if she continued to perform her contractual duties, the employer is obliged to alter her working conditions or working hours if it is reasonable to do so and if it would avoid the risk. If it is not reasonable to make alterations, the employer must offer the employee suitable alternative work, or if that isn't possible, suspend the employee from work for as long as necessary to avoid the risk.
Right to the offer of alternative work
Where an employer has available suitable alternative work for an employee, the employee has a right to be offered to be provided with the alternative work before being suspended from work on maternity grounds. For alternative work to be suitable for an employee for this purpose:
- the work must be of a kind that is both suitable in relation to her and appropriate for her to do in the circumstances, and
- the terms and conditions applicable to her for performing the work, if they differ from the corresponding terms and conditions applicable to her for performing the work she normally performs under her contract of employment, must not be substantially less favourable to her than those corresponding terms and conditions
In summary, an employee who is pregnant, has recently given birth, or who is breastfeeding may have to be suspended from work on maternity grounds if continued attendance might damage her, or the baby's health.
In general, the duty to suspend from work does not arise unless and until the employee has given the employer written notice that she is pregnant, has given birth within the previous six months, or is breastfeeding.
An employee who is suspended is entitled to full pay, which includes any bonuses or commissions they would have been paid. Their suspension should last until the risk to them or their baby has been removed.
If the employee unreasonably refuses suitable alternative work the employer doesn't have to pay them.
An employee is entitled to make a complaint to an industrial tribunal if there is suitable alternative work available which her employer has failed to offer her before suspending her from work on maternity grounds. They can also complain to an industrial tribunal if they don't get the right amount of pay.
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Employees' right to paid time off for antenatal care
A pregnant employee is entitled to paid time off to attend antenatal care appointments during working hours.
All pregnant employees have the right to reasonable paid time off to attend antenatal care appointments. Employers should bear in mind that the right to paid time off is a right to be permitted time off during working hours and it will not be reasonable for the employer to avoid this by rearranging the individual's working schedule or requiring her to make up lost time.
Antenatal care covers not only medical examinations related to the pregnancy but also, for example, relaxation classes and parent-craft classes. There is no service requirement for this right.
However, the right to time off only applies if the appointment is recommended by a registered midwife, health visitor, registered nurse, or registered medical practitioner (eg a doctor).
Therefore, you are entitled to ask for evidence of antenatal appointments - except in the case of the very first appointment.
You can request that the employee show you:
- written documentation from a registered medical practitioner, a midwife, or a health visitor confirming that she is pregnant
- an appointment card or some other document showing that an appointment has been made
Reasonable time off for medical appointments
The law does not set out what 'reasonable' means regarding time off. Employees must request the time off and have a right not to be unreasonably refused time off. Tribunals are likely to find it unreasonable if an employer refuses to allow time off for appointments that are made on the basis of medical advice. Part-time employees should not be pressured to take appointments on their days off.
The amount of time off will depend on the time that the appointment is made and it will not be unreasonable for an employer to expect an employee to attend for the part of the day that they can outside the appointment time. Time off also includes travelling time and waiting time for appointments. Abuse of the time off provisions may normally be handled under the absence management procedures, but should be handled with caution.
Payment during time off
You must pay the employee her normal hourly rate during the period of time off for antenatal care.
Where the employee is paid a fixed annual salary, she should simply be paid as normal. In other cases calculate the rate by dividing the amount of a week's pay by the number of the employee's normal working hours in a week. The normal working hours will usually be set out in her contract of employment.
If her weekly working hours vary, you should average them over the previous 12 complete working weeks. If the employee has yet to complete 12 weeks' service, estimate the average in light of:
- what could be reasonably expected from her contract of employment
- the work pattern of any fellow employees in comparable jobs
Overtime is counted only if it is required and contractually guaranteed.
Labour Relations Agency (LRA) guidance on time off work rights and responsibilities.
Complaints relating to time off for antenatal care
A pregnant employee could bring an unlawful discrimination and/or unfair dismissal claim to a tribunal if you:
- dismiss her or treat her unfairly because she tried to exercise her right to time off for antenatal care
- unreasonably refuse her time off for antenatal care
- deny her normal rate of pay during such time off
A pregnant employee can bring a claim regardless of whether or not:
- she actually has exercised the right to paid time off for antenatal care
- that right has actually been infringed
All she has to have done is act in good faith in seeking to assert the right.
See pregnant workers, dismissal and discrimination.
Time off to accompany to antenatal appointments
Following changes to the Work and Families Act in April 2015, both employees and Agency workers, who have a qualifying relationship with the pregnant woman or her expected child, have the right to unpaid time off to attend up to two antenatal appointments. The employee or agency worker must request the time off and cannot simply rely on these provisions as an after-the-fact justification for the absence from work.
A person in a qualifying relationship would include:
- the husband or civil partner of the pregnant woman
- a person who lives with the pregnant woman in an enduring family relationship (including same-sex couples) but is not a relative of that woman
- the father of the expected child
- a woman who is deemed to be the parent of the expected child under the Human Fertilisation and Embryology Act 2008
- either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order)
The time off for each appointment is capped at 6.5 hours.
Spouse or civil partner
Although the regulations state that a person is in a qualifying relationship with a pregnant woman if he or she is the husband or civil partner of that woman, it is presumably the case that this category would also extend to the wife of the pregnant woman. Paragraph 7.1 of Part 2 of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, provides that any reference in legislation to a person who is married is to be read as including a reference to a person who is married to a person of the same sex.
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Pregnant workers, dismissal and discrimination
How employers can ensure they stay on the right side of sex discrimination law and appropriately support pregnant workers.
You must not treat a worker unfairly because she is pregnant. This may result in a claim of sex discrimination. Such unfair treatment includes dismissal.
Pregnancy and dismissal
It is an automatically unfair dismissal if you dismiss - or select for redundancy - an employee solely or mainly:
- for a reason relating to her pregnancy
- because she tried to assert her right to paid time off for antenatal care - see employees' right to paid time off for antenatal care
Only employees can claim unfair dismissal, but all workers can claim unlawful sex discrimination if they are dismissed or treated unreasonably for a reason relating to their pregnancy.
Sex discrimination
It amounts to unlawful sex discrimination if you:
- treat a pregnant worker unfairly for a reason relating to her pregnancy
- dismiss a pregnant worker solely or mainly for a reason relating to her pregnancy
- dismiss - or select for redundancy - a pregnant employee solely or mainly for a reason relating to her pregnancy
- dismiss - or select for redundancy - a pregnant employee solely or mainly because she tried to assert her right to paid time off for antenatal care - see employees' right to paid time off for antenatal care
- refuse to interview or employ a job applicant solely or mainly on the grounds that she is pregnant (or you believe that she may be, or may become, pregnant)
You can never justify this type of discrimination.
As pregnancy-related dismissals are discriminatory, it's likely that a pregnant employee would not only claim unfair dismissal but also unlawful sex discrimination. There is a limit on the amount of compensation a tribunal can award for unfair dismissal but not for unlawful discrimination.
A pregnant worker would only be able to claim unlawful sex discrimination, but there is still no limit on any tribunal compensation they might receive.
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Breastfeeding and the workplace
How employers can support employees to continue breastfeeding on their return to work after maternity leave.
There are business benefits for employers who take proactive steps to discuss and promote breastfeeding with employees returning from maternity leave to help facilitate their transition back to work.
Business benefits
- Increased motivation of employees and a better working culture, leading to greater flexibility and better communication.
- Health and wellbeing benefits to your employees.
- Reduction in absenteeism and staff turnover.
- Increased quality, greater levels of innovation and creativity, and improved productivity.
- Overall improved customer service.
- Raised public image of the company and competitive advantage, making it more attractive as an employer of choice.
- Contributes to an inclusive working culture.
Breastfeeding and rest periods
Employers are required by law to provide somewhere for breastfeeding employees to rest. Where necessary, this should include somewhere for them to lie down.
Although there is no legal right for an employee to take time off from their job in order to breastfeed, express milk for storage and later use, or take rest periods you should consider adapting working hours to enable an employee to continue to breastfeed or express milk. A refusal to accommodate a breastfeeding employee may amount to unlawful sex discrimination if it cannot be justified.
Breastfeeding facilities
It is recommended good practice that employers provide a private, healthy, and safe environment for breastfeeding employees to express milk and provide somewhere to appropriately store breast milk eg in a fridge or cool area, perhaps secured in a re-sealable container for hygiene purposes. The private space may be an unoccupied office or an area that can be discreetly screened. Toilet facilities are not a suitable hygienic place for this purpose.
If, after careful consideration, you are unable to provide an appropriate space, you should discuss the issue with the employee to see if there is an alternative facility.
Breastfeeding workplace policy
It is good practice to have a written workplace policy on breastfeeding clearly outlining the employer and employee's responsibilities. This will provide clarity around how requests can be made and will be considered by the employer. This will assist you in making objective, correct, and fair decisions. Implementing such a workplace policy demonstrates your principles and commitment as an employer to supporting employees who are breastfeeding to help create a positive and inclusive workplace where discrimination in any form is unacceptable and will not be tolerated.
Workplace health and safety for breastfeeding employees
There may be a number of risk factors in the workplace that may be harmful to a breastfeeding employee or her child’s health. You should take steps to identify these risks and consider how you can remove them for the safety of your employees.
For further information, see health and safety of pregnant workers.
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Fertility treatment and the workplace
How employers can support employees undergoing fertility treatment.
A woman undergoing fertility treatment, such as in vitro fertilisation (IVF), is treated as being pregnant after fertilised eggs have been implanted. If the implementation fails, the protected period, during which a woman must not be treated unfavourably on the grounds of her pregnancy, ends two weeks later.
It is unlawful sex discrimination for employers to treat a woman less favourably because she is undergoing fertility treatment or intends to become pregnant. A woman will be entitled to paid time off for antenatal care only after the fertilised embryo has been implanted. See having a child through IVF.
Supporting employees going through fertility treatment
For employees undertaking fertility treatment, it can be a long and difficult road both emotionally and physically. There will be obvious practicalities of medical appointments, getting used to new medications, and perhaps undergoing medical procedures. Employer understanding, support, and flexibility can often make a significant difference to someone at a difficult and potentially challenging time of their life. It's not just women who may require support, their partner may also require support and understanding in their difficult journey through fertility treatment.
Due to the personal nature of fertility treatment, employers should recognise and respect that employees have a right to privacy and may choose not to ask for support or wish for the matter to remain confidential. However, developing a compassionate culture with explicit support for employees going through fertility treatment can help overcome the taboo and encourage individuals to access the support they need.
Having a clear policy in place which tells people about the support the employer can offer, might go some way to breaking down the barriers, provided they feel their employer can be trusted to treat them fairly and they won't be penalised in some way. Raising awareness of fertility treatment amongst your workforce and equipping line managers on what to say and how to offer support through appropriate education and training can also help employees open up and feel comfortable asking for help.
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