International business travel: health and safety
In this guide:
- International business travel: employer responsibilities
- Business travel to Europe
- International business travel: employment contracts and policies
- International business travel: working hours and pay
- International business travel: health and safety
- International business travel: advance research and planning
- International business travel: expenses
- International business travel: bringing goods or cash on your journey
Business travel to Europe
The extra requirements your staff should be aware of if they are travelling to Europe for business.
Whether you're attending a conference or working in Europe, new rules apply if you or your staff need to travel to Europe for work. You will need to check the rules for each country you will visit. Common Travel Area rights are unaffected. If you are a British or Irish citizen, you can work and live in the UK or Ireland without needing additional permission.
As well as the actions all travellers need to take, there are extra actions you or your staff must consider if travelling to the EU for business.
Please note: This guidance only applies to those travelling using a British passport. If you or your staff are travelling using an Irish passport, you should check the travel advice from Department of Foreign Affairs.
Entry requirements
Entry requirements vary. Check the country-by-country guides for comprehensive guidance on the entry requirements for the country/countries you are travelling to and how to apply for a visa or work permit, if needed. See further information about providing services in Europe.
You should check if you need a visa or work permit if you are:
- taking part in activities that are not covered by a country’s visa-waiver rules
- staying for more than 90 days in a 180-day period for any reason
- transferring from the UK branch of a company to a branch in a different country (‘intra-corporate transfer’), even for a short period of time
- providing services (including under contract) in another country
If you are travelling for less than 90 days in a 180-day period, you will not need a visa if you are:
- going to a business meeting, attending a conference, attending cultural or sports events or exchanges
- travelling for journalistic or media purposes
You should always check with the country’s authorities or embassy before you travel, to make sure you meet their legal requirements.
Your luggage
If you’re taking goods to another country temporarily for business reasons you can usually apply for an ATA Carnet to avoid paying customs charges. This includes things like:
- samples to show at trade fairs or sales meetings
- publicity materials
- recorded film and audio
- large amounts of equipment such as cameras or sound equipment
- goods for educational, scientific or cultural purposes
- personal effects and sports goods
If you are leaving or entering the UK temporarily, including on a business trip, you do not need to declare your laptop or mobile phone to customs.
You will need to make a customs declaration if you are taking commercial goods out of the UK in your accompanied baggage or vehicle. For more information, check the rules around taking commercial goods out of Northern Ireland in your baggage.
You need to make a declaration if you’re carrying €10,000 or more in or out of Northern Ireland from any country, including the EU. To check the guidance or obtain an online form, see taking cash in and out of Northern Ireland.
Your earnings
Check if you will still have to pay UK Income Tax, and find out whether you will pay social security contributions in the country where you work or in the UK. See tax when working in an EU country.
Professional qualifications
To work in a regulated profession or provide services to clients in the EU (eg, for engineering, teaching or legal services), you will need to have your professional qualifications recognised by the relevant regulatory or professional body in the EU Member State in which you are intending to work. Check the European Commission’s Regulated Professions Database (REGPROF) to find out if your profession is regulated in that country. You can check which professions are regulated in the UK to find out which regulatory or professional body you should contact and how to get your professional qualification recognised with them.
Insurance
If you are responsible for a business that sends staff abroad, check whether you need indemnity insurance for your employees.
General travel rules
Be sure to check the rules that apply to all travel to Europe. See travel or do business in Europe: Brexit guidance for the latest information and guidance. Rules include:
Passport validity
There are rules for British Citizen passport holders travelling to Europe. You should check that your passport meets validity rules, as you may need to renew it earlier than planned. How much time you need for your passport depends on the country you’re visiting. Check the entry requirements of the country you want to travel to. Allow up to 10 weeks for the renewal process. These rules do not apply to travel to Ireland.
Travel insurance and health cover
The European Health Insurance Card (EHIC) has been replaced by the Global Health Insurance Card (GHIC). If you have an existing EHIC you can continue to use it until the expiry date on the card. Once it expires, you'll need to apply for a UK GHIC to replace it. EHICs and GHICs are not an alternative to travel insurance. For further information, see travel insurance for UK citizens: a must-have for European trips.
See full information on getting the right travel insurance.
Driving in Europe
UK motorists driving their own vehicle to Europe may need to obtain a motor insurance Green Card and may need to display a UK sticker on their vehicle. See full information on driving in the EU. There are no additional requirements if you are hiring a car in Europe.
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International business travel: employment contracts and policies
Make sure your employment contracts and policies are correct before sending employees overseas.
As an employer, you can ask your employees to work in another country for your company, but if this is a likely requirement it should be written into the employment contract.
Amending employment contracts
If necessary, amend your employment contracts to detail this need for international business travel, but remember, there are rules you must observe when you change an employee's terms of employment.
Consider including a clause in your employee's contract that deals with business trips, for example: 'during the term of this agreement, you are expected to work internationally, but not for more than 31 days at a time'.
Unless circumstances are exceptional, an employee can't easily refuse to work in a different country if this requirement is written into their employment contract.
If the employee is working abroad for longer, specific requirements would need to be mentioned, eg applicable laws and payments. However, the wording of the clause would depend on the specific circumstances of the job and the employee.
Effective employment policies for business travel
You should have a policy that details employee responsibilities while working overseas. This should be included in your staff handbook.
It should clearly define what represents unacceptable behaviour when travelling for business. Employees should know that if they are guilty of unacceptable behaviour, they will be dealt with through your existing disciplinary procedures. See disciplinary procedures, hearings and appeals.
Your policy should also explain other important topics such as claiming expenses, time-off in lieu if applicable, working hours, sickness, emergency procedures and driving.
See how to set up employment policies for your business.
Making business travel more convenient
Working in other countries can be less convenient for employees with family or care commitments. Give employees as much notice as possible ahead of business trips.
Where feasible, responsibility for overseas trips should be shared between employees. Also, consider ways of minimising the impact on other staff while colleagues are away on business trips.
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International business travel: working hours and pay
Working hours and pay issues employers need to be aware of when asking staff to travel abroad on business.
While working in other countries, employees can rightly expect to work the same hours and receive the same pay as specified in their employment contract.
Overtime and time in lieu of business travel
If it is usual practice for your business to pay overtime, employees can claim overtime where applicable. See manage overtime.
You might agree to give employees time off in lieu of days worked in addition to those specified in their employment contract. This might also be applied to time spent travelling for business purposes. Such provisions should be explained within your employment handbook. See overtime and time off in lieu.
Employers have a legal responsibility to make sure employees do not work excessive hours. Employees should also be encouraged to take their statutory rest breaks.
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International business travel: health and safety
Learn more about health and safety and limit your risks before you send employees overseas.
As an employer, you have a legal responsibility to safeguard the health and safety of your employees. Therefore, on a trip-by-trip basis, you should assess the potential risks facing employees who need to travel to other countries to work for your business. See foreign travel advice for information on specific countries.
See health and safety basics for business and health and safety risk assessment.
Medical preparation for business travel
You must also be sure employees are fit to travel and work abroad. Before journeying to certain countries, vaccinations may be required. Staff who plan to travel for business should make an appointment with a GP at least six weeks before travelling to find out whether they need any immunisations or medication. Find out whether the employee needs to be aware of any specific health risks, eg, malaria, and make sure they have the necessary medication. Foreign travel advice.
If the employee is taking prescribed medication, check that it is legal in the destination to which they are travelling. Be sure to provide general health advice where necessary, such as the need to drink plenty of clean, bottled water when visiting hot countries.
Health insurance
The UK Global Health Insurance Card (UK GHIC) has replaced the existing European Health Insurance Card (EHIC). The EHIC or UK GHIC will be valid if staff are travelling to an EU country. If staff have a UK EHIC, it will be valid until the expiry date on the card. Once it expires, they’ll need to apply for a UK GHIC to replace it. Apply for a UK Global Health Insurance Card.
You can use a UK passport to get medically necessary healthcare in Norway if you're a UK resident.
The UK GHIC is not a replacement for travel insurance. You should have private travel and medical insurance for the duration of your trip.
You must make sure employees are adequately insured against illness and injury while working in different countries. You should seek professional advice on this. See foreign travel insurance.
Employees must also know what to do in the event of a medical emergency. Details should be included in your employment policies. Storing the number of local emergency services (ie, the overseas equivalent of 999) into a mobile phone is wise. You should have procedures in place should an employee suffer illness or injury while travelling for business.
Staying safe when travelling for business
As in the UK, the key to staying safe while overseas is not taking risks. Employees should not travel to unfamiliar places or show too much trust in strangers. Nor should they accept lifts or other offers (eg, guided tours).
Valuable possessions should not be displayed in public, because it increases the chances of being robbed. Passports, valuables and credit cards (at least one) should be kept in the hotel safe. Carrying excessive cash is inadvisable. Money should be kept hidden.
Employees should be careful when taking photographs, videos or using binoculars. These activities might be misunderstood, especially near police or military installations. Full cooperation with local police and official agencies is advised.
Emergency measures when abroad
If money, a passport or anything else is stolen or an assault or serious crime takes place, it must be reported to the local police immediately. For example, you may need to provide a police report if you wish to claim insurance for lost or stolen goods.
Any stolen credit cards or traveller's cheques should be cancelled straight away.
In the event of a serious emergency, you can call the Foreign, Commonwealth and Development Office (FCDO) helpline on Tel 020 7008 5000.
Depending on the circumstances and if travelling on a UK passport, the British Embassy may be able to, for example:
- issue replacement passports
- provide help if your employee has been a victim of a crime or is in the hospital
- provide details of local lawyers, interpreters, doctors or funeral directors
Worldwide British consulates and embassies.
An employee may alternatively be travelling on an Irish passport, in which case they should contact the Irish embassy or consulate in the location they are in if they need consular assistance when abroad.
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International business travel: advance research and planning
Get your research and planning right to ensure the trip is a success.
Having as much advance notice as possible of an overseas trip enables you to make cost-efficient travel and accommodation arrangements.
Make sure employees have valid passports and ensure you leave enough time to apply for a visa if necessary. See business travel to Europe.
Ensure you have comprehensive insurance, covering personal accidents, medical and emergency medical care, cancellations, delays, theft or loss of property, vehicle use, etc. See international business travel: health and safety.
Also, check that employees have a mobile phone, laptop, business cards, sufficient marketing material, access to money or a credit card and anything else they might need to make their business trip a success.
Clarifying business trip objectives
Brief employees on the objectives of their business trip before they leave. Make sure the employee has set up meetings or checked clients' needs before they depart. Advance communication (by phone or email) from the UK should be used to set up meetings or check specific client needs. The employee should take with them confirmation of any appointments.
Drawing up a detailed itinerary is a must if the business trip's objectives are to be achieved. Make sure you have a copy so that you know where the employee will be and when. Encourage them to contact you on a regular basis to keep you informed of their progress.
Local knowledge of local laws and cultures
Ahead of the business trip, both you and your employee should learn more about the destination, particularly any potential threats to their health or personal safety. To avoid mishaps and the possibility of causing any offence, check key cultural and business dos and don'ts. The employee must be mindful of laws that are different to those in the UK, eg alcohol consumption.
The employee must also make sure they comply with UK law, as it is possible to be prosecuted for some crimes even if the crime did not take place in the UK.
See how to avoid corruption and bribery overseas.
In addition, if the Foreign, Commonwealth and Development Office (FCDO) advises against travelling to certain regions, it's wise to heed such warnings. See foreign travel advice.
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International business travel: expenses
Why keeping receipts for overseas expenditure is essential to claiming expenses for business travel.
Employers are advised to find out which expenses can be classed as allowances and whether money received by employees is subject to taxation. Expenses and benefits: travel and subsistence.
Tax and expenses when travelling for business purposes
Before travelling on business, employees should know which costs are allowable under the tax rules. The tax rules give relief for certain expenses incurred by employees who travel abroad on business. In general, employers can meet or reimburse the actual cost of subsistence expenses and other incidental expenses without the employee incurring a tax charge. See travel and overnight expenses.
Overseas business travel: accommodation and subsistence benchmark rates
Employers can use benchmark rates published by HM Revenue & Customs (HMRC) when paying accommodation and subsistence expenses to employees travelling overseas. See expenses rates for employees travelling outside the UK.
Accommodation and subsistence payments paid or reimbursed at or below the published rates will not be liable for income tax or National Insurance contributions for employees who travel abroad.
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International business travel: bringing goods or cash on your journey
Restrictions and declarations that may be required when bringing goods and currency on business trips.
There are certain goods that cannot be brought back into the UK, even if they are freely available overseas. Employees need to be mindful of banned and restricted goods before returning to the UK. Some restricted goods can be brought in provided that a licence is granted.
Employees must be reminded that attempting to conceal banned or restricted goods in personal luggage can have severe legal consequences.
Travelling from Great Britain and Northern Ireland
If you’re travelling from Great Britain (England, Wales or Scotland) to Northern Ireland, you do not need to declare your goods if both of the following apply:
- you’re a UK resident
- you have already paid both VAT and excise duty (alcohol and tobacco only) on the goods in Great Britain
You may need to declare your goods if any of the following apply:
- you’re not a UK resident
- you’re taking in alcohol or tobacco over your allowances for Northern Ireland and excise duty has not been paid on them in Great Britain
- you’re taking in goods worth more than £390 and you have not paid VAT on them in Great Britain
Check if you need to declare your goods.
Travelling from Northern Ireland to Great Britain
If you’re travelling from Northern Ireland to Great Britain (England, Wales or Scotland), you do not have to declare any goods.
You’ll need to pay Import VAT on any goods you buy in Northern Ireland from shops that offer tax-free shopping under the VAT Retail Export Scheme.
Travelling in the EU
You can bring cash to the UK from an EU country; you do not need to declare it.
You may need to declare cash you take into EU countries - check with the authorities in the country you’re travelling to.
Travelling outside the EU
You must declare cash of €10,000 or more (or the equivalent in another currency) if you take it between the UK and any non-EU country.
Cash includes:
- notes and coins
- bankers’ drafts
- travellers’ cheques
- cheques (including travellers’ cheques) that are signed but not made out to a person or organisation
Declare cash
You can make a cash declaration online up to 72 hours before you travel. For further information, see taking cash in and out of Northern Ireland.
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Pregnant workers, dismissal and discrimination
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 fertility policy, pregnancy at work, 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 that 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.
Pre-maternity leave meeting
It is good practice for an employer to hold a pre-maternity leave meeting with an employee to discuss and agree issues such as:
- handover and cover for her work during maternity leave
- keeping in touch days (including the employee's preferred contact details and method)
- receiving work related information
- employees right to shared parental leave
- annual leave
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
- skin protection from sun exposure when working outdoors
- excessive noise
- extremes of cold and heat
- threat of violence in the workplace
- exposure to harmful substances, eg lead, radioactive materials, toxic chemicals like mercury and pesticides, infectious diseases, carbon monoxide, and 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 are legally required to provide a suitable area where employees can rest, including somewhere to lie down if necessary. You must provide a private, hygienic, and safe room for nursing mothers to express milk 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 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 based on 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 considering:
- 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 (Northern Ireland) 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. an agency worker will have rights to antenatal medical appointments and antenatal classes, after completing a 12-week qualifying period on the same assignment if they cannot reasonably arrange them outside working hours. 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 adapt working hours could be indirect sex discrimination unless the employer can show the refusal is justified by the needs of the business.
Breastfeeding facilities
Employers are legally required to provide somewhere for breastfeeding employees to rest. Where necessary, this should include somewhere for them to lie down. Employers should consider providing a private, healthy and safe environment for employees to express and store milk, for example, it is not suitable for new mothers to use toilets for expressing milk.
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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Employees' right to paid time off for antenatal care
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 fertility policy, pregnancy at work, 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 that 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.
Pre-maternity leave meeting
It is good practice for an employer to hold a pre-maternity leave meeting with an employee to discuss and agree issues such as:
- handover and cover for her work during maternity leave
- keeping in touch days (including the employee's preferred contact details and method)
- receiving work related information
- employees right to shared parental leave
- annual leave
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
- skin protection from sun exposure when working outdoors
- excessive noise
- extremes of cold and heat
- threat of violence in the workplace
- exposure to harmful substances, eg lead, radioactive materials, toxic chemicals like mercury and pesticides, infectious diseases, carbon monoxide, and 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 are legally required to provide a suitable area where employees can rest, including somewhere to lie down if necessary. You must provide a private, hygienic, and safe room for nursing mothers to express milk 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 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 based on 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 considering:
- 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 (Northern Ireland) 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. an agency worker will have rights to antenatal medical appointments and antenatal classes, after completing a 12-week qualifying period on the same assignment if they cannot reasonably arrange them outside working hours. 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 adapt working hours could be indirect sex discrimination unless the employer can show the refusal is justified by the needs of the business.
Breastfeeding facilities
Employers are legally required to provide somewhere for breastfeeding employees to rest. Where necessary, this should include somewhere for them to lie down. Employers should consider providing a private, healthy and safe environment for employees to express and store milk, for example, it is not suitable for new mothers to use toilets for expressing milk.
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.
Developed withActionsAlso on this siteContent category
Source URL
/content/fertility-treatment-and-workplace
Links
Health and safety of pregnant workers
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 fertility policy, pregnancy at work, 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 that 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.
Pre-maternity leave meeting
It is good practice for an employer to hold a pre-maternity leave meeting with an employee to discuss and agree issues such as:
- handover and cover for her work during maternity leave
- keeping in touch days (including the employee's preferred contact details and method)
- receiving work related information
- employees right to shared parental leave
- annual leave
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
- skin protection from sun exposure when working outdoors
- excessive noise
- extremes of cold and heat
- threat of violence in the workplace
- exposure to harmful substances, eg lead, radioactive materials, toxic chemicals like mercury and pesticides, infectious diseases, carbon monoxide, and 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 are legally required to provide a suitable area where employees can rest, including somewhere to lie down if necessary. You must provide a private, hygienic, and safe room for nursing mothers to express milk 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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Source URL
/content/health-and-safety-pregnant-workers
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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 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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Source URL
/content/medical-suspension-maternity-grounds
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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 based on 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 considering:
- 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 (Northern Ireland) 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. an agency worker will have rights to antenatal medical appointments and antenatal classes, after completing a 12-week qualifying period on the same assignment if they cannot reasonably arrange them outside working hours. 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.
Developed withActionsAlso on this siteContent category
Source URL
/content/employees-right-paid-time-antenatal-care
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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.
Developed withActionsAlso on this siteContent category
Source URL
/content/pregnant-workers-dismissal-and-discrimination
Links
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 adapt working hours could be indirect sex discrimination unless the employer can show the refusal is justified by the needs of the business.
Breastfeeding facilities
Employers are legally required to provide somewhere for breastfeeding employees to rest. Where necessary, this should include somewhere for them to lie down. Employers should consider providing a private, healthy and safe environment for employees to express and store milk, for example, it is not suitable for new mothers to use toilets for expressing milk.
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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Employment agencies and employment businesses: keeping work-seekers' records
In this guide:
- Employment agencies and employment businesses: record keeping
- Employment agencies and employment businesses: keeping work-seekers' records
- Employment agencies and businesses: keeping hiring company records
- Keeping records for multiple employment agencies
- How long to store employment agency and business records
- Employment Agency Inspectorate: compliance and enforcement
- Employment agencies: penalties for non-compliance
- Employment Agency Inspectorate: prosecutions
Employment agencies and employment businesses: keeping work-seekers' records
Guidance on the types of records employment agencies and employment businesses need to keep in relation to work-seekers.
There are certain records you must keep when running an employment agency or business about applications from work-seekers.
However, you are not required to keep the details of a work-seeker if you take no action to find them work. For example, if you receive a high volume of speculative CVs, which are not used, records need not be retained on each work-seeker whose CV is not used.
Records data you must keep
You must keep the following records on work-seekers you find, or attempt to find, work for:
- the date their application was received
- their name, address, and, if under 22 years old, their date of birth as well
- any terms which apply, or will apply, between the agency or employment business and the work-seeker
- any document recording variation to the terms between the employment agency or business
- details of their training, experience, qualifications, and any authorisation to undertake particular work (and copies of any documents provided to you relating to this)
- details of any requirements specified by the work-seeker in relation to taking up employment
- names of hirers to whom the work-seeker is introduced or supplied
- details of any resulting engagement and the date from which it takes effect
- a copy of any contract between the work-seeker and a hirer that you entered into on the work-seekers behalf
- the date any applications are withdrawn or contracts are terminated
- details of enquires about the work-seeker and the position concerned - with copies of all relevant documents and dates they were received or sent
Charging fees and records you must keep
If you are permitted to charge fees to work-seekers (ie agencies in the entertainment sector), you should also keep records of either:
- the dates of requests for fees from the work-seeker and receipts of fees or payments, with copy statements or invoices, numbers, and amounts, or
- statements of dates and amounts of sums deducted from the money you received on the work-seekers behalf when you operated a 'client account' to hold the work-seekers money
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Employment agencies and businesses: keeping hiring company records
Records that must be kept by employment agencies or employment businesses in contact with companies hiring new staff.
There are certain records you must keep when running an employment agency or business about any companies hiring staff who contact you with job vacancies.
Records you must keep when dealing with companies hiring staff
- The date their application is received.
- The hiring company's name and address, and the location of employment they are offering if different.
- Details of the job role or roles the hirer seeks to fill.
- Duration or likely duration of the job role.
- Experience, training, ability, qualifications, and authorisation are required either by the hiring company, by law, or by any professional body.
- The terms offered in respect of the job role or roles the hirer seeks to fill.
- Any other conditions attached to the job role or roles the hirer seeks to fill.
- Copy of the terms between the employment agency or business and the hiring company, and any document recording any variation on these terms.
- Names of job-seekers introduced to or supplied to the hiring company.
- Details of inquiries about the hiring company and the position the hirer seeks to fill, with copies of all relevant documents and dates of their receipt.
- Details of each resulting engagement and the date from which it takes effect.
- Dates of requests by the employment agency or business for fees or other payment from the hiring company and of receipt of such fees or other payments, and copies of statements or invoices.
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Keeping records for multiple employment agencies
The records that must be kept when dealing with more than one employment agency or employment business.
There are certain records you must keep when running an employment agency or business when more than one employment agency or employment business is involved with the work-seeker or hirer.
Records you must keep: multiple employment agencies
- names of any other agencies or employment businesses whose services the agency or employment business uses
- details of enquiries about that agency or employment business's suitability, with copies of all relevant documents and dates the enquiries were made and the answers received
- date and copy of any agreement with the other agency
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How long to store employment agency and business records
The length of time employment agency and employment business records must be kept for.
All the records relating to either work-seekers, hirers or situations where more than one employment agency or business is involved must be kept for at least one year after their creation.
Records relating to applications from hirers and work-seekers must be retained for at least one year following the date that the agency or employment business last provided its services to that work-seeker or hirer.
If you run a modelling or entertainment agency, client account records must be kept for a minimum of six years. For further information see entertainment and modelling agencies.
You can keep records at the premises where you trade or elsewhere. You must make sure they are readily accessible and can be delivered to the trading premises to which they relate - ie the premises at which the work-seeker/hirer is registered or employed, or premises you carry out the business with any other employment agency or employment business.
If a request for records is made by an Employment Agency Inspectorate inspector they must be delivered no later than the end of the second business day following the day the request for them is made. For example, if a request for records is made on a Monday, you must be able to deliver them by the end of Wednesday.
Records can be kept in electronic form provided they are capable of being reproduced in a legible form.
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Employment Agency Inspectorate: compliance and enforcement
The role of the Employment Agency Inspectorate in ensuring employment agencies and businesses comply with the law.
The Department for the Economy's Employment Agency Inspectorate (EAI) is responsible for regulating the conduct of employment agencies and employment businesses in Northern Ireland.
The EAI's main way to check that employment agencies and businesses are complying with the law is by sending inspectors to visit the agency or business and carry out an inspection.
EAI inspectors investigate complaints, follow up allegations of misconduct, and undertake targeted checks of employment agencies and businesses.
All EAI inspectors carry official identification. They are able to enter domestic or commercial premises that they have reason to believe are used, or have been used, for the purposes of an employment agency or business. They have powers to inspect those premises and any records or documents necessary to ensure compliance with The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (as amended) and The Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005 (as amended).
Inspectors may require proof to decide whether employment agencies and businesses are complying with their legal obligations. They can specifically request documents and financial records to ensure compliance while they are on the premises. Inspectors may also copy documents, or remove documents for the purposes of copying them or request in writing any record, document, or information be provided to them at a time and place of their choice so avoiding the need to revisit the premises.
For the definitions of an employment business and an employment agency, see employment agencies and employment businesses.
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Employment agencies: penalties for non-compliance
Action that can be taken by the Employment Agency Inspectorate when an employment agency does not comply with its legal duties.
Employment Agency Inspectorate (EAI) inspectors will inform the employment agency or business of instances of non-compliance and explain what their legal requirements are.
If an employment agency or business is not complying with their legal obligations they will be sent an infringement letter detailing the issues which require their attention in order to achieve compliance, and the steps needed to correct them. You will be required to provide evidence that you have addressed the non-compliance issues accordingly. There may be a follow-up inspection by the EAI to ensure that remedial action has been taken.
See EAI legislation and enforcement.
Penalties for serious non-compliance issues
If the matter is particularly serious or the employment agency or business does not take corrective action, the EAI will consider recommending a prosecution and/or making an application for a Prohibition Order in an Industrial tribunal.
Certain breaches of the legislation are criminal offences that can be tried in the Magistrates' Court, where the maximum fine is £5,000 for each offence, or in the Crown Court where the fine is unlimited.
The EAI can make an application to an Industrial Tribunal for a Prohibition Order on account of a person's misconduct or unsuitability. The maximum ban is ten years.
See the EAI enforcement policy.
If you have a question about an EAI inspection or any other related topic, you can call the Employment Agency Inspectorate Helpline on Tel 028 9025 7796 or email eai@economy-ni.gov.uk. They will take note of the points you raise, seek further advice if necessary, and advise appropriately.
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Employment Agency Inspectorate: prosecutions
Steps taken when employment businesses or agencies are prosecuted by the Employment Agency Inspectorate.
The Employment Agency Inspectorate (EAI) can refer cases for prosecution where a person breaches the requirements of the 1981 Order or Conduct Regulations while running an employment agency or employment business.
This can include anyone who:
- breaches the ban on charging fees to workers
- fails to comply with any of the conduct regulations
- makes, causes to be made, or knowingly allows false entries to be made in any record or document that has to be kept under the 1981 Order or Conduct Regulations
- doesn't comply with a prohibition order without a reasonable excuse
In addition, any person who obstructs an officer in carrying out their duty will be guilty of an offence and liable to a fine not exceeding £1,000.
Prohibition orders
A prohibition order may either:
- prevent a person from running an employment agency or business or any version of these specified in the order
- impose conditions under which they may be allowed to run an employment agency or business
Read further guidance on the Employment Agency Inspectorate.
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Employment businesses - content of terms with work-seekers
In this guide:
- Running an employment agency or business
- Before starting an employment agency or business
- Supplying limited company contractors
- Employment businesses - content of terms with work-seekers
- Employment businesses - content of terms with hiring companies
- Before placing a worker with a hirer
- Employment businesses - additional checks
- Employment businesses - protection of the work-seeker and the hirer
- When work-seekers must travel or live away from home
- Employment agencies providing additional services and goods
- Paying work-seekers
- Charging transfer fees to hiring companies
Before starting an employment agency or business
Actions that should be taken before opening an employment agency or employment business.
If you are operating as an employment business you must agree written terms and conditions with work-seekers and hirers before you undertake any work-finding services. For more information see employment businesses - content of terms with work-seekers and employment businesses - content of terms with hiring companies.
Additional services
If you provide any additional services, such as CV writing, accommodation, transport etc, this should be covered in a separate document and issued to work-seekers before providing these services - see employment agencies - providing additional services and goods.
Additional rules apply to employment agencies and businesses operating in the entertainment or modelling sectors - see entertainment and modelling agencies.
Advertisements
You must not advertise a vacancy unless you have obtained full details of the specific position advertised and the authority of the hirer to find work-seekers for that position or the authority of an agency or employment business which has the authority to issue the advertisement.
Every advertisement must include the full name of the agency or the employment business and confirmation of whether the vacancy is 'temporary' or 'permanent'.
Where the rate of pay is included in the advertisement it must also include the nature of the work, the location, the minimum experience levels and details of any training required.
More than one employment agency or employment business involved
If you agree with another employment agency or employment business to facilitate the provision of work-finding services to a work-seeker or hirer, you must make enquiries to establish that the other agency/business is suitable to act as such and there must be satisfactory answers to those enquiries.
You must also agree in which capacity each of you will act - ie as an employment agency or an employment business. For details about records of enquiries see employment agencies and employment businesses: record keeping responsibilities.
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Supplying limited company contractors
Factors to consider when a limited company hires work-seekers.
If you supply work-seekers who provide their services through a limited company such work-seekers are covered by these rules (unless they have given notice to opt out - see below). Any references to a work-seeker in this guide also includes a work-seeker that is a limited company and, in most cases, the person who is or would be supplied by the 'work-seeker' (limited company) to carry out the work.
Limited company contractors and those persons they supply can agree not to be covered by the regulations provided they give notice to 'opt-out' of the regulations before they are introduced or supplied to a hirer.
Where an incorporated work-seeker has 'opted out' of the regulations, you must inform the hirer that the worker has 'opted out' and the regulations will therefore not apply.
A work-seeker can withdraw the opt-out notice after they have commenced working with a hirer but the withdrawal of the opt-out notice will only be effective when the work-seeker (or the person supplied to do the work) stops working in that position.
The 'opt-out' provision does not apply to those limited company work-seekers who will be supplied to work with vulnerable people.
Entering into contracts with hirers and work-seekers
Employment businesses
Where you operate as an employment business you cannot enter into a contract on behalf of a work-seeker with a hirer or on behalf of a hirer with a work-seeker.
Employment agencies
Where you operate as an employment agency you can only enter into a contract with a work-seeker on behalf of a hirer if the hirer has given you authority to do so. You can only enter into a contract with a hirer on behalf of a work-seeker if the work-seeker is seeking employment in the entertainment sector and the work-seeker has given you authority to enter into such contracts.
Whether you act for the work-seeker or hirer you must inform your client of the terms of the contract within five business days of entering into that contract.
When agreeing to the terms of a contract you cannot act on behalf of both the work-seeker and the hirer.
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Employment businesses - content of terms with work-seekers
Terms that should be agreed with those looking to seek work.
Before starting to find work for work-seekers you must agree the terms that will apply with the work-seeker. These should include:
- a statement that the services provided will be those of an employment business
- the type of work you will find or seek to find for the work-seeker
- whether those work-seekers are or will be employed by you under a contract of service, or apprenticeship, or a contract for services, and the terms of employment that will apply
- an undertaking that you will pay the work-seeker for all work done by the work-seeker regardless of whether or not you are paid by the hirer
- the length of notice which the work-seeker will be required to give and entitled to receive from the employment business in respect of particular assignments with hirers
- either the rate of pay payable to the work-seeker, or the minimum rate of pay which you reasonably expect to achieve for the work-seeker
- details of the intervals at which remuneration will be paid (for example, weekly in arrears etc)
- the amount of holiday and details of payment for holiday that will be given - the majority of work-seekers will be covered by The Working Time (Amendment) Regulations (Northern Ireland) 2023 and, therefore, will be entitled to statutory holiday pay
Where the work-seeker is a limited company (and not opted out of the regulations) and where annual leave provisions would not apply, you must detail any period of absence that a limited company work-seeker may be entitled to and to be paid for.
If you and the work-seeker agree any changes to the terms, you must, as soon as reasonably practicable after the changes have been agreed, give the work-seeker a new document setting out details of the changes and stating the date that the varied terms take effect.
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Employment businesses - content of terms with hiring companies
Terms and conditions that should be agreed with hirer the first time you provide a service to them.
Before providing a service to a hirer you must agree with the hirer the terms and conditions which apply or will apply between you and the hirer.
You should give them a statement that the services provided will be those of an employment business (ie supplying temporary workers).
Details of fees
You should also set out the details of any fees which may be payable to the agency or employment business by the hirer including:
- the amount of the fee or its method of calculation
- the circumstances, if any, in which refunds or rebates are payable to the hirer or, if none are payable, a statement to that effect
Procedure for unsatisfactory worker performance
Finally you should set out the procedure to be followed if you supply a work-seeker to a hirer who proves unsatisfactory. For example:
- how the hirer should notify you if a temporary worker supplied is not satisfactory - including the time limits for doing this
- what you will do as a consequence eg terminate the worker's assignment, seek to rectify the problem or supply an alternative work-seeker
You must ensure that all of the terms between you and the hirer are recorded and that a copy is provided to the hirer as soon as is practical. This will normally take the form of a set of business terms or a letter setting out all the terms agreed.
If you and the hirer agree any changes to the terms, you must, as soon as reasonably practical after the changes have been agreed, give the hirer a new document setting out details of the changes and stating the date that the varied terms take effect.
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Before placing a worker with a hirer
Information that should be obtained before you place a worker with a hirer.
As an employment agency or business, before placing a work-seeker with a hirer you must obtain sufficient information from the hirer about that position including:
- the identity of the hirer and, if applicable, the nature of the hirer's business
- the date on which the hirer requires a work-seeker to start work and the duration of the work
- the position the hirer is seeking to fill, including the type of work, location, working hours and any health and safety risks and controls
- the experience, training and qualifications which the hirer requires for the post or are necessary by law
- any expenses payable by or to the work-seeker
- (in the case of an agency) the minimum rate of remuneration, benefits, method of payment, and, where applicable, notice periods for termination of employment
If you operate as an employment business or you operate as an employment agency which is introducing workers where the worker will be working with vulnerable people you must:
- ensure a work-seeker has the experience, training, qualifications and any authorisation required by the hirer by law or by any professional body
- seek confirmation of the work-seeker's identity
For further information see employment agencies and employment businesses: record keeping.
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Employment businesses - additional checks
Checks that should be taken by employment agencies or businesses when supplying work-seekers who work with or care for vulnerable people.
As an employment business, if you supply or introduce a work-seeker where professional qualifications are required you should obtain copies of any relevant qualifications and make them available to the hirer.
As an employment agency or employment business if you supply or introduce a work-seeker who is required to work with or care for vulnerable people you must obtain two references on the work-seeker and make them available to the hirer, as well as carrying out checks to make sure the work-seeker is suitable to work in the position.
Where you have tried to obtain copies of the relevant qualification or references but have been unable to do so you must inform the hirer that you have made reasonable attempts to obtain this information and explain what steps you have taken.
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Employment businesses - protection of the work-seeker and the hirer
Steps the employment agency or employment business must take to ensure both parties are aware of what is required of them.
As an employment agency or employment business you must not introduce or supply a work-seeker to a hirer unless you have taken reasonable steps to ensure that the work-seeker and the hirer are each aware of any requirements imposed by law, or by any professional body, in order for the work-seeker to take up the position.
You must also make enquiries to ensure that it would not be detrimental to the interests of the work-seeker or the hirer for the work-seeker to work for the hirer.
Where you operate as an employment business and you receive information that indicates that a work-seeker may be unsuitable for the position you must:
- inform the hirer of that information
- make further enquiries as to the suitability of the work-seeker and inform the hirer of these enquiries
Where the enquiries indicate that a work-seeker is unsuitable for the position, or information is received that indicates the work-seeker is not suitable, you must, without delay:
- inform the hirer of that information
- end the supply of that work-seeker to the hirer
Where you operate as an employment agency, and have introduced a work-seeker to a hirer, and you subsequently receive information within a period of three months from the date of introduction, which indicates that the work-seeker is or may be unsuitable for the position with the hirer you must inform the hirer of that information without delay.
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When work-seekers must travel or live away from home
Employment agencies or businesses, work-seekers and providing travel or accommodation.
You must not arrange work for a work-seeker (except in situations where they are given a contract of employment by the hirer) if in order to take up that work the work-seeker must live away from home, unless you have taken all reasonable steps to ensure that:
- suitable accommodation will be available before the work-seeker starts work
- the work-seeker has been informed of details of the accommodation including any cost and the arrangements to travel to such accommodation
Where the work-seeker is not the employee of the hirer or the work-seeker is under 18 years of age, and free travel or payment is arranged for the work-seeker's journey to work, you must, if the work does not start or when it finishes either:
- arrange free travel for the return journey
- pay the work-seeker's return fare, or
- obtain an undertaking from the hirer that he/she will arrange free return travel or pay the return fare
You must set out these arrangements in writing for the work-seeker.
Where a hirer does not comply with its undertaking to arrange free return travel or pay the return fare, you must bear this cost for the work-seeker.
You must not introduce or supply a work-seeker who is under the age of 18 for a position if they are required to live away from home, unless you have obtained direct written consent from a parent or guardian.
If you issue a loan to a work-seeker to meet their travel or other expenses to take up a position, you cannot require the work-seeker to repay a sum greater than the sum loaned.
Au pairs
Where the work-seeker is an au pair you must not arrange employment for them if they are required to repay either you or the hirer for the fare between the au pair's home and place of work.
You can require that the au pair pays their own fare from their home to the place of employment but neither you nor the hirer can require that the cost of the fare comes out of the au pair's pay.
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Employment agencies providing additional services and goods
Rules and legal requirements for employment agencies that provide additional services or goods to jobseekers.
You are allowed to charge jobseekers for additional services eg CV writing or transport to jobs. However you are not allowed to charge individuals seeking work for work-finding services unless you are an employment agency in the entertainment sector - see entertainment and modelling agencies.
If you are providing additional services you or anyone connected with your business cannot make the provision of work-finding services conditional on jobseekers using any of these additional services.
Additional services provided by an employment agency
If you provide someone seeking work with more than one service, you must inform them:
- which services are the work-finding services for which you cannot charge them a fee
- which services are the additional services or goods that you can charge for and provide them with details of any such fee, ie the amount or method of calculation of the fee, who the fee will be payable to, a description of what the fee relates to, and the circumstances (if any) in which refunds or rebates are payable to jobseeker
Before providing additional services you must give the jobseeker details of:
- their right to cancel the services at any time, without detriment or penalty
- the amount of notice required if the work-seeker wishes to cancel - ie five working days or ten working days for the provision of living accommodation
If there is a change to the fees for the services offered or the goods provided, you should give the jobseeker further notice detailing the changes.
If you offer any gift or make an offer of any benefit to a jobseeker, for example to entice them to use your services, you must make clear the terms and conditions on which the gift or benefit is offered.
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Paying work-seekers
The payment guidelines you must follow when operating as an employment agency or employment business.
If you operate as an employment agency and introduce a work-seeker to a hirer for employment by the hirer you cannot be responsible for paying the work-seeker remuneration arising from the work-seeker's employment with the hirer.
Separate rules apply to entertainment and modelling agencies. For further information see entertainment and modelling agencies.
If you are an employment business supplying temporary work-seekers you are responsible for paying the work-seekers. You must pay a temporary work-seeker for all the hours they work.
Even if you have not been paid by the hiring company or the work-seeker has not supplied you with a time sheet authorised or signed by the hirer verifying the hours worked by that work-seeker, you must still pay the work-seeker for the hours they have worked.
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Charging transfer fees to hiring companies
Employment agencies and businesses and using transfer fees fairly.
As an employment business you cannot use transfer fees unreasonably as a means of discouraging or deterring hirers from:
- offering permanent work to temporary workers
- having workers supplied through a different employment business
- introducing workers to a third party to be employed by that party
You can charge transfer fees to hirers to protect your legitimate business interests, in three situations:
- Temp-to-perm fees - when you have supplied a temporary worker who is then taken on directly by the hiring company.
- Temp-to-temp fees - if the hiring company changes agency but wants to keep on a temporary worker you supplied, meaning that the worker has to change agency.
- Temp-to-third-party fees - if the hiring company introduces a temporary worker you supplied to another person that goes on to employ them.
It is unlawful for you to seek to charge a transfer fee (following the supply of a worker) in any other situation. A hirer is entitled to recover any money they have paid for unlawful transfer fees.
Temp-to-perm and temp-to-temp fees
You can charge a transfer fee in temp-to-perm and temp-to-temp situations provided the hirer is given the option to have the worker supplied by you for a specified period of hire, at the end of which the worker will transfer without charge instead of paying the transfer fee.
Where the hirer has opted for a specified period of hire, you must supply the worker for the entirety of that period (unless you are prevented from so doing in circumstances that are not your fault). The supply terms cannot be less favourable to the hirer than those which applied prior to the hirer opting for the specified hire period. In order for a transfer fee to be payable, the transfer of the work-seeker must take place within the 'relevant period'.
The 'relevant period' is whichever of the following periods ends later:
- 14 weeks beginning from the first day on which the worker worked for the hirer having been supplied by the employment business
- eight weeks starting from the day after the day on which the worker last worked for the hirer having been supplied by the employment business
Where there has been more than one assignment care must be taken in calculating the correct start date for the 14-week period. If there was a break of more than 42 days (six weeks) between assignments this will break continuity and the later assignment will be taken as the first assignment. Where there has been a break of 42 days or less this will not trigger the start of a new 14-week period.
Temp-to-third party fees
If you supplied a worker who your client introduced to a third party you can charge a transfer fee following the same principles as a temp-to-perm or temp-to-temp fee - but you do not have to offer the client a choice between the transfer fee and an extended period of hire.
Situations where you introduce but do not supply a temporary worker
If you introduce a worker rather than supply them you can charge a fee - often called an introduction fee.
The fee should follow the same principles as the temp-to-perm and temp-to-temp fees but there is no limit on the period during which such a transfer must occur. The hirer must be given the option to have the worker supplied by you for a specified period of hire, at the end of which the worker will transfer without charge instead of paying the transfer fee. There is no limit on the agreed specified period of hire or the level of the transfer fee.
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Higher education funding
What is higher education?
Types of higher education qualifications that are available to help develop staff skills.
Higher education qualifications are generally viewed as being Levels 4-8 of the Framework for Higher Education Qualifications (FHEQ):
- Level 8 - Doctoral Degrees
- Level 7 - Master's Degrees, Integrated Master's Degrees, Postgraduate Diplomas, Postgraduate Certificate in Education (PGCE), Postgraduate Certificates
- Level 6 - Bachelor's Degrees with Honours, Bachelor's Degrees, Professional Graduate Certificate in Education (PGCE), Graduate Diplomas, Graduate Certificates
- Level 5 - Foundation Degrees, Diplomas of Higher Education DipHE), Higher National Diplomas (HND)
- Level 4 - Higher National Certificates (HNC), Certificates of Higher Education (CertHE)
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Higher education business support
Higher education offers a diverse range of courses and qualifications to help develop your employees.
Other support available to businesses through higher education includes some of the following.
Learning programmes
There are also learning programmes that are explicitly marketed as supporting workforce development.
These usually try to develop technical knowledge and skills, and can range from non-accredited short courses, eg, days or weeks, to undergraduate and postgraduate qualifications with a vocational focus.
These may include CPD (Continuing Professional Development) and opportunities to gain professional qualifications.
Business advice and staff training
The higher education sector can also provide business advice and staff training at all levels, including distance or e-learning, or part-time courses on a wide variety of topics, eg, leadership and management skills, HR, finance, marketing, and customer service.
Courses may be taught or held in various places, depending on who provides the course. For example, higher education courses may be taught at universities or further education colleges. The Northern Ireland universities partner with further education colleges, where students register at a university but are taught at a partner college.
Knowledge Transfer Partnerships
The Knowledge Transfer Partnerships (KTP) scheme helps businesses improve their competitiveness, productivity, and performance through better use of knowledge, technology, and skills.
Find out more about Knowledge Transfer Partnerships.
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Benefits of higher education and work-based learning
Types of higher education qualifications and how they can improve staff productivity and motivation.
Many higher education or vocational training programmes can be tailored for your business or sector needs.
Some courses can be held in part or in whole at your business premises or may involve substantial use of e-learning, while vocational courses may be taught at these or specialist institutions.
Business benefits of higher education
Higher education brings many benefits to your business. In addition to the specialist knowledge that a higher qualification brings, your business will have employees who have the confidence and ability to assess existing business practices and alternative approaches. This can help incorporate operational improvements and best practices within your business.
In addition, your business can:
- access training that realises the full potential of your staff while meeting your business's organisational needs
- use advanced training to implement your strategic plans more effectively, transfer knowledge, and improve your employees' skills base
- promote your business as having a learning culture and attract new staff with attractive work-related training opportunities
- incentivise your staff through awards that link to a national framework and encourage progression
- gain accreditation for in-house programmes and enable your staff to gain credits towards higher education-level qualifications
- benefit from increased confidence, productivity, and motivation among staff, reduced staff turnover rates, and all-round better company performance
- increase your ability to innovate and explore new business opportunities
Employee benefits of higher education
Higher education can enable your employees to:
- keep up to date with business and professional developments, eg, continuous professional development (CPD) is required in specific professions, such as teaching or accountancy
- improve their chances of career progression within your business and make a higher value contribution to your business success
- improve their earnings potential
- further develop their skills
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Higher education funding
Funding options when using higher education to boost staff skills.
The Department for the Economy (DfE) provides funding towards higher education provision in Northern Ireland.
Find out more about higher education finance and governance.
Sharing training costs with other businesses
Your business may also be able to link up with other local businesses who are interested in a specific type of training, to group smaller learner numbers and share some of the costs.
Some Sector Skills Councils (SSCs) and Chambers of Commerce and Industry can assist with such arrangements as part of their work to help businesses and their employees improve their skills. In some cases this may involve employers in a supply chain or across an industrial sub-sector collaborating this way. SSCs are government-sponsored, employer-led organisations that cover specific industry sectors.
Free courses through the Skill Up programme
Skill Up offers opportunities for businesses to retrain and upskill their staff by taking advantage of a range of free accredited courses. The training will be delivered by the local further and higher education providers in Northern Ireland.
For further details, see Skill Up programme: Retrain and upskill your staff.
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Source URL
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Recruiting higher education students
How to take on higher education students, including through internships.
Studying for a degree involves time management, communication and organisational skills, and the ability to learn quickly. Graduates should be equipped with these skills, along with more specific knowledge and experiences that can be valuable to your business.
However, finding the right person for your needs can be difficult. Offering internships, work placements, or undergraduate projects for students can enable you to test out the talent before committing to hiring individuals.
Help with recruiting graduates
The higher education sector is very good at matching students to work experience and project work opportunities. Many have placement advisers/officers working within the university's career service or a dedicated team that can help. If you have an opportunity to offer, contacting your local university would be a good place to start.
Developed withAlso on this siteContent category
Source URL
/content/recruiting-higher-education-students
Links
Benefits of higher education and work-based learning
What is higher education?
Types of higher education qualifications that are available to help develop staff skills.
Higher education qualifications are generally viewed as being Levels 4-8 of the Framework for Higher Education Qualifications (FHEQ):
- Level 8 - Doctoral Degrees
- Level 7 - Master's Degrees, Integrated Master's Degrees, Postgraduate Diplomas, Postgraduate Certificate in Education (PGCE), Postgraduate Certificates
- Level 6 - Bachelor's Degrees with Honours, Bachelor's Degrees, Professional Graduate Certificate in Education (PGCE), Graduate Diplomas, Graduate Certificates
- Level 5 - Foundation Degrees, Diplomas of Higher Education DipHE), Higher National Diplomas (HND)
- Level 4 - Higher National Certificates (HNC), Certificates of Higher Education (CertHE)
Developed withAlso on this siteContent category
Source URL
/content/what-higher-education
Links
Higher education business support
Higher education offers a diverse range of courses and qualifications to help develop your employees.
Other support available to businesses through higher education includes some of the following.
Learning programmes
There are also learning programmes that are explicitly marketed as supporting workforce development.
These usually try to develop technical knowledge and skills, and can range from non-accredited short courses, eg, days or weeks, to undergraduate and postgraduate qualifications with a vocational focus.
These may include CPD (Continuing Professional Development) and opportunities to gain professional qualifications.
Business advice and staff training
The higher education sector can also provide business advice and staff training at all levels, including distance or e-learning, or part-time courses on a wide variety of topics, eg, leadership and management skills, HR, finance, marketing, and customer service.
Courses may be taught or held in various places, depending on who provides the course. For example, higher education courses may be taught at universities or further education colleges. The Northern Ireland universities partner with further education colleges, where students register at a university but are taught at a partner college.
Knowledge Transfer Partnerships
The Knowledge Transfer Partnerships (KTP) scheme helps businesses improve their competitiveness, productivity, and performance through better use of knowledge, technology, and skills.
Find out more about Knowledge Transfer Partnerships.
Developed withAlso on this siteContent category
Source URL
/content/higher-education-business-support
Links
Benefits of higher education and work-based learning
Types of higher education qualifications and how they can improve staff productivity and motivation.
Many higher education or vocational training programmes can be tailored for your business or sector needs.
Some courses can be held in part or in whole at your business premises or may involve substantial use of e-learning, while vocational courses may be taught at these or specialist institutions.
Business benefits of higher education
Higher education brings many benefits to your business. In addition to the specialist knowledge that a higher qualification brings, your business will have employees who have the confidence and ability to assess existing business practices and alternative approaches. This can help incorporate operational improvements and best practices within your business.
In addition, your business can:
- access training that realises the full potential of your staff while meeting your business's organisational needs
- use advanced training to implement your strategic plans more effectively, transfer knowledge, and improve your employees' skills base
- promote your business as having a learning culture and attract new staff with attractive work-related training opportunities
- incentivise your staff through awards that link to a national framework and encourage progression
- gain accreditation for in-house programmes and enable your staff to gain credits towards higher education-level qualifications
- benefit from increased confidence, productivity, and motivation among staff, reduced staff turnover rates, and all-round better company performance
- increase your ability to innovate and explore new business opportunities
Employee benefits of higher education
Higher education can enable your employees to:
- keep up to date with business and professional developments, eg, continuous professional development (CPD) is required in specific professions, such as teaching or accountancy
- improve their chances of career progression within your business and make a higher value contribution to your business success
- improve their earnings potential
- further develop their skills
Developed withAlso on this siteContent category
Source URL
/content/benefits-higher-education-and-work-based-learning
Links
Higher education funding
Funding options when using higher education to boost staff skills.
The Department for the Economy (DfE) provides funding towards higher education provision in Northern Ireland.
Find out more about higher education finance and governance.
Sharing training costs with other businesses
Your business may also be able to link up with other local businesses who are interested in a specific type of training, to group smaller learner numbers and share some of the costs.
Some Sector Skills Councils (SSCs) and Chambers of Commerce and Industry can assist with such arrangements as part of their work to help businesses and their employees improve their skills. In some cases this may involve employers in a supply chain or across an industrial sub-sector collaborating this way. SSCs are government-sponsored, employer-led organisations that cover specific industry sectors.
Free courses through the Skill Up programme
Skill Up offers opportunities for businesses to retrain and upskill their staff by taking advantage of a range of free accredited courses. The training will be delivered by the local further and higher education providers in Northern Ireland.
For further details, see Skill Up programme: Retrain and upskill your staff.
Developed withAlso on this siteContent category
Source URL
/content/higher-education-funding
Links
Recruiting higher education students
How to take on higher education students, including through internships.
Studying for a degree involves time management, communication and organisational skills, and the ability to learn quickly. Graduates should be equipped with these skills, along with more specific knowledge and experiences that can be valuable to your business.
However, finding the right person for your needs can be difficult. Offering internships, work placements, or undergraduate projects for students can enable you to test out the talent before committing to hiring individuals.
Help with recruiting graduates
The higher education sector is very good at matching students to work experience and project work opportunities. Many have placement advisers/officers working within the university's career service or a dedicated team that can help. If you have an opportunity to offer, contacting your local university would be a good place to start.
Developed withAlso on this siteContent category
Source URL
/content/recruiting-higher-education-students
Links