COMPARATIVE ANALYSIS OF

Document Sample
COMPARATIVE ANALYSIS OF Powered By Docstoc
					                            COMPARATIVE ANALYSIS OF

                       DISMISSAL / REDUNDANCY LAWS IN

           NORTHERN IRELAND & THE REPUBLIC OF IRELAND

This is a general summary of the law which applies in relation to redundancy dismissals in Northern
Ireland and the Republic of Ireland as of 20 April 2009. It does not take account of anticipated
changes in the law; nor does it take into account exceptions which apply in certain circumstances.


                           REPUBLIC OF IRELAND                          NORTHERN IRELAND
DISMISSAL

Statutes             Unfair Dismissals Acts, 1977-2005           Employment Rights (NI) Order 1996


Potentially fair
                     (a)    An employee’s capability,            (a)   An employee’s
reasons for
                            competence, or qualifications;             capability or qualifications;
dismissal:
                     (b)    An employee’s conduct;               (b)   An employee’s conduct;

                     (c)    Redundancy;                          (c)   Redundancy;

                     (d)    If continued employment would        (d)   A statutory duty or restriction
                            contravene a statutory duty or             which prevents the employment
                            restriction; or                            being continued; or

                     (e)    Some other substantial grounds.      (e)   Some other substantial reason.


Time Limit           6 Months from the date of dismissal         3 months from the date of dismissal
                     (may be extended to 12 months in            (may be extended by such further period
                     exceptional circumstances).                 as Tribunal considers reasonable where
                                                                 not reasonably practicable for the
                                                                 complaint to be presented within 3
                                                                 months).

Compensation         Up to two years gross remuneration.         Calculated as follows:
                                                                 (a)   a basic award of:

                                                                        1.5 weeks’ pay for each
                                                                          complete year of service after
                                                                          age 41;

                                                                        1 week’s pay for each complete
                                                                          year of service between ages
                                                                          22 and 40;
                          REPUBLIC OF IRELAND                           NORTHERN IRELAND
                                                                        .5 week’s pay for each complete
                                                                          year of service under age 22.

                                                                 (b)   a compensatory award of an
                                                                       amount that is just and equitable
                                                                       up to a maximum of £66,200

Qualifying service   one year                                    one year
period
                     None for automatically unfair dismissals None for automatically unfair dismissals


Dismissal            No statutory procedures. However, rules     The Employment (NI) Order 2003
Procedures           of natural justice and duty to act          (Dispute Resolution) Regulations
                     reasonably require employer to follow       require employers to follow minimum
                     fair procedures prior to dismissal.         statutory procedures prior to dismissal.

                     Labour Relations                            Labour Relations Agency
                     Commission Code of Practice on              Code of Practice on Grievance and
                     Grievance and Disciplinary Procedures,      Disciplinary Procedures, 2005 provides
                     2000 provides guidelines on general         guidelines on general principals which
                     principals which apply in the operation     apply in the operation of the statutory
                     of grievance and disciplinary               grievance and disciplinary procedures.
                     procedures.

REDUNDANCY PAYMENTS

Statutes             Redundancy Payments Acts, 1967 –            Employment Rights (NI) Order, 1996
                     2007
                                                                 The Employer has ceased or intends to
Definition           Employer has ceased or intends to cease     cease to carry on business generally or
                     to carry on the business at all or in       at the employee’s workplace.
                     employee’s workplace.
                                                                 Requirements of the business for
                     Requirement of business for work of         employees to do work of a particular
                     particular kind has ceased or is expected   kind have ceased or diminished (or are
                     to cease or diminish.                       expected to do so) either generally or at
                                                                 the employee’s workplace
                     Employer has decided to carry on
                     business with fewer or no employees.

                     Employer has decided work should be
                     done in different manner for which
                     employee not sufficiently qualified or
                     trained.

                     Employer has decided work should be
                     done by person capable of doing other
                     work for which employee not
                     sufficiently qualified or trained.
                         REPUBLIC OF IRELAND                           NORTHERN IRELAND

Statutory           Calculated on basis of two weeks per        Calculated on same basis as basic award
redundancy pay      year of service or part thereof plus one    (see above).
                    bonus week.
                                                                Subject to a ceiling of £350.00 per
                    Subject to a ceiling of €600.00 per         week.
                    week.

Qualifying period   Minimum of 104 weeks continuous             Minimum of 104 weeks continuous
                    employment                                  employment.


Ex gratia           Ex gratia payments of 4-6 weeks the         Normal to pay statutory redundancy
payments            norm. Employees can seek enhanced           only. Employees can seek enhanced
                    payments on basis of precedent / custom     payments on basis of precedent / custom
                    or practice or under the Industrial         or practice
                    Relations (Amendment) Act 2001 as
                    amended by the Industrial Relations
                    (Miscellaneous Provisions) Regulations
                    2004.

COLLECTIVE REDUNDANCY

Statute             Protection of Employment Act, 1977          Employment Rights (Northern Ireland)
                                                                order 1996.


Definition          Applies where the following number of Applies where an employer proposes
                    redundancies are effected in an the following numbers of redundancies
                    establishment within 30 days:         at an establishment within 90 days:
                      5 employees where 21-49 are                20-99 employees
                       employed;

                      10 employees where 50-99 are
                       employed;

                      10% of the employees where 100-
                       299 are employed; or

                      30 employees where 300 or more
                       are employed.



Duty to consult     Employer must consult representatives       Employer must consult representatives
                    of employees at least 30 days before        of employees at least 30 days before
                    first notice to dismiss given.              first notice to dismiss given.

                    Employees must be given an                  Employees must be given an
                    opportunity to appoint representatives if   opportunity to appoint representatives if
                    not already represented by a trade union    not already represented by a trade union
                    or staff association.                       or staff association.
                           REPUBLIC OF IRELAND                         NORTHERN IRELAND
                        Consultation must be with a view to
                                                                Consultation must be with a view to
                         reaching agreement about ways of:
                                                                reaching agreement about ways of:
                        Avoiding the dismissals;                  Avoiding the dismissals

                        Reducing the number of employees          Reducing the number of employees
                         to be dismissed;                           to be dismissed

                        Mitigating the consequences of            Mitigating the consequences of
                         dismissals;                                dismissals
                     Calculation of payments over and above
                     statutory payments.                        Employer must notify the Department
                                                                of Enterprise Trade and Investment.
                     Employer must notify the Department
                     of Enterprise Trade and Employment.

MINIMUM NOTICE

Statutes             The Minimum Notice and Terms of Employment Rights (NI) Order 1996
                     Employment Act, 1973 – 2001


Length of Notice     13 weeks-2yrs         1 week               1 month               1 week
                     2-5 yrs               2 weeks              2-3 yrs               2 weeks
                     5-10 yrs              4 weeks              3-4 yrs               3weeks
                     10-15 yrs             6 weeks
                     15 yrs plus           8 weeks              Etc up to 12 weeks after 12 years or
                                                                more


Legal-Island would like to thank Ciara Dooris, a Director in the employment Team at Tughans
solicitors in Belfast for the content of this table. If anyone wishes to contact the team for specific
legal advice, the number to call is 028 9055 3300.


DISCLAIMER: The information in this email is provided as part of Legal-Island's employment
law up-date service. We regret we are not able to respond to requests for specific legal queries
and recommend that professional advice is obtained before relying on information supplied
anywhere within this e-mail.


Ciara will be one of two presenters at our comparative NI/ROI employment law event on 14 May
in Belfast:
Course overview/outline programme
* Introduction - Setting the scene and what to expect from the day
* A simultaneous outline of the respective explanation of employment law in each jurisdiction
* Employment law basics in both jurisdictions: An overview of the laws that govern the
employment relationship including: recruitment, the contract of employment, minimum wage,
hours of work, notice, annual leave, public holidays, notice periods, sick leave, pension, etc.
* Employment Equality - An explanation of the respective legislative provisions in each
jurisdiction in the area of employment equality with an emphasis on the key differences between
them
* Q and A and Case Study One (in the area of employment equality) A case study designed to
reinforce the differences and key factors to watch out for in a sexual harassment claim
* Unfair Dismissal
* Termination of employment is a key area of employment law and this session will outline the
elements in each system
* Q and A and Case Study Two (in the area of unfair dismissal): Could you advise your employer
or client on how to handle a constructive dismissal claim across the border?
* Protective Leave in both jurisdictions: An overview of the similarities and differences in the
various types of leave in both jurisdictions including maternity leave, adoptive leave, paternity
leave, parental leave, carer's leave, force majeure leave and requests for flexible working.
* Employment Forums in both jurisdictions. An overview of the bodies that hear
complaints/prosecute offences/assist in resolution of disputes in both jurisdictions and unravelling
the question of which law governs the contract of an employee who works in both jurisdictions.
* Comparative Employment Law Exercise
For further details contact legal-Island on 028 9446 3888 or go online:
http://legal-island.com/events/all-events/

				
Fittington Fit Fittington Fit
About