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Statutory Rules 2002

No. 24 Employment Rights (Increase of limits) Order (Northern Ireland) 2002

This Order increases the limits (as of 10/3/02) applying to certain awards of Industrial Tribunals and other awards. Examples include: "capped" weeks pay £250, guaranteed payment £17.00, Unfair dismissal limit £52,600.

No. 24 Employment Rights (Increase of limits) Order (Northern Ireland) 2002(opens new window)

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No. 93 Working Time (Amendment) Regulation (Northern Ireland) 2002

These Regulations amend the Working Time Regulations (1998) with regard to – leave (4 weeks), removal of the 13 week qualification rule and the ‘accrual’ of leave in the first year of employment.

No. 93 Working Time (Amendment) Regulation (Northern Ireland) 2002(opens new window)

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No. 110 Maternity and Parental leave etc. (Amendment) Regulations (Northern Ireland) 2002

These Regulations amend the 1999 Regulations of the same name and essentially revoke the previous restriction which meant that parental leave uses only exercisable in relation to children born or placed for adoption on or after 15th December 1999. The new regulations allow parents of children born or placed for adoption up to 5 years before that date the period until 20/7/05 in which to take parental leave. (Up until childs 18th birthday in case of child entitled to DLA). Other aspects of the Regulations relate to: 1 year qualifying service, evidence to employer, extensions to period in cases of children entitled to Disability Living Allowance, postponements and so on.

No. 110 Maternity and Parental leave etc. (Amendment) Regulations (Northern Ireland) 2002(opens new window)

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No. 120 Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002

This Order details the provisions of the Unfair Dismissal Arbitration Scheme (UDAS) as facilitated by the Labour Relations Agency.

No. 120 Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002(opens new window)

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No. 135 Maternity and Parental Leave etc (Amendment No.2) Regulations (Northern Ireland) 2002

These Regulations correct a previous error by enabling those parents who qualify to be able to rely on a period of service with a previous employer to be taken into consideration regarding the one year qualification requirement. Other amendments include: changes to notice period to be given to the employer (21 days instead of the previous 13 weeks), changes regarding postponement and so on.

No. 135 Maternity and Parental Leave etc (Amendment No.2) Regulations (Northern Ireland) 2002(opens new window)

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No. 183 Regulations of Investigatory Powers Act 2000 (Amendment) Order (Northern Ireland) 2002

This Order makes amendments to the Act of the same name (2000) by including NI public authorities to Schedule 1 and the impact on officers of such authorities.

No. 183 Regulations of Investigatory Powers Act 2000 (Amendment) Order (Northern Ireland) 2002(opens new window)

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No. 214 (C.21) Employment Relations (1999 Order) (commencement No.5 and Transitional Provision) Order (Northern Ireland) 2002

This Order brings into effect Articles 12,13,14,16 and 17 and paragraphs 4-6 of Article 15 of the 1999 Order. These Articles relate to issues such as: right of accompaniment (disc/griev), regulate how it operates, provide remedies for failure by employer to grant accompaniment.

No. 214 (C.21) Employment Relations (1999 Order) (commencement No.5 and Transitional Provision) Order (Northern Ireland) 2002(opens new window)

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No.244 Fair Employment (monitoring) (Amendment) Regulations (Northern Ireland) 2002

These Regulations amend the provisions of the 1999 Regulations of the same name. The amendments revise the titles of the major groups of the Standard Occupational Classification in line with those published by the Office for National Statistics.

No.244 Fair Employment (monitoring) (Amendment) Regulations (Northern Ireland) 2002(opens new window)

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No.268 The Stakeholder Pension Schemes (Amendment No.2) Regulations (Northern Ireland) 2002

These Regulations amend the 2000 Regulations of the same name and as such relate to issues such as: eligibility criteria for reporting accountant, scheme trustees declaration timeframe, reporting date, supporting documentation, insurance company and so on.

No.268 The Stakeholder Pension Schemes (Amendment No.2) Regulations (Northern Ireland) 2002(opens new window)

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No.286 Part-time Workers (Prevention of Less Favourable Treatment) (Amendment) Regulations (Northern Ireland) 2002

These Regulations amend the 2000 Regulations of the same name by addressing matters relating to Fixed-term work in that there is no longer a distinction between fixed-term and open ended contracts for the purposes of determining which are different types of contract for the purposes of the part-time workers (prevention of less favourable treatment) Regulations (NI) 2000. In addition the other amendment relates to the decision in Preston v Wolverhampton Healthcare Trust (No2) (2001) which determined that compensation relating to cases involving occupational pension schemes is no longer limited to 2 years before the date on which the complaint was presented.

No.286 Part-time Workers (Prevention of Less Favourable Treatment) (Amendment) Regulations (Northern Ireland) 2002(opens new window)

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No.292 Regulation of Investigatory Powers (Prescription of offices, ranks and positions) Order (Northern Ireland) 2002

This Order sets out offices, ranks and positions for the purposes of the 2000 Act. This prescribes designated persons who may grant authorisations.

No.292 Regulation of Investigatory Powers (Prescription of offices, ranks and positions) Order (Northern Ireland) 2002(opens new window)

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No.298 Fixed-term Employees (Prevention of less favourable treatment) Regulations (Northern Ireland) 2002

These Regulations come into effect on 1st October 2002 (although see provisions for back dating calculations 10th July 2002) and essentially implement parts of the Fixed-Term work Directive. In basic terms the Regulations give fixed-term employees the right not to be treated less favourably than permanent employees of the same employer doing similar work. This is an exercisable right with the right of complaint to an Industrial Tribunal where the treatment is not justified on objective grounds. The Regulations also provide for matters such as: what objective justification is, 4 year continuity rule regarding permanent employee status, and other changes removing discrimination in statutory rights between fixed term employees and permanent employees.

No.298 Fixed-term Employees (Prevention of less favourable treatment) Regulations (Northern Ireland) 2002(opens new window)

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No.317 (C.26) Employment Relations (1999 Order) (commencement No.6 and Transitional Provisions) Order (Northern Ireland) 2002

This Order brings into effect Article 6 and Schedule 3 of the 1999 Order. These amendments relate to the Trade Union and Labour Relations (Northern Ireland) Order 1995 regarding the requirement on trade unions to hold a ballot before organising Industrial action and transitional provisions relating to ballots and notices.

No.317 (C.26) Employment Relations (1999 Order) (commencement No.6 and Transitional Provisions) Order (Northern Ireland) 2002(opens new window)

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No.345 Code of Practice (Industrial Action Ballots and Notice to Employers) (Appointed day) Order (Northern Ireland) 2002

This Order brings into effect the Code derived from the Industrial Relations (Northern Ireland) Order 1992. The code is admissible in evidence and shall be used where appropriate if relevant to any question arising in proceedings to assist in determination and comes into operation from 1/12/2002 .

No.345 Code of Practice (Industrial Action Ballots and Notice to Employers) (Appointed day) Order (Northern Ireland) 2002(opens new window)

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No.346 Code of Practice (Redundancy Consultation and Procedures) (Appointed day) Order (Northern Ireland) 2002

This Order relates to the revised Code issued by the Labour Relations Agency under the Industrial Relations (Northern Ireland) Order 1992. The Code can be admitted in evidence in proceedings although failure to observe any provision shall not of itself determine liability in proceedings. If relevant to a question the code shall be taken into account. The code replaces the existing code (9/9/98) and comes into operation from 1/12/2002 .

No.346 Code of Practice (Redundancy Consultation and Procedures) (Appointed day) Order (Northern Ireland) 2002(opens new window)

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No.347 Code of Practice (Disciplinary and Grievance Procedures) (Appointed day) Order (Northern Ireland) 2002

This Order relates to the code issued by the Labour Relations Agency on Disciplinary and Grievance Procedures under the Industrial Relations (Northern Ireland) Order 1992. The code can be admitted in evidence in any proceedings before an industrial tribunal or the industrial court and if the code is deemed relevant to any question arising in the proceedings it shall be taken into account in determining that question. The code replaces the existing code (1/11/90) and comes into operation from 1/12/2002.

No.347 Code of Practice (Disciplinary and Grievance Procedures) (Appointed day) Order (Northern Ireland) 2002(opens new window)

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No.355 Maternity and Parental Leave etc. (Amendment No.3) Regulations (Northern Ireland) 2002

These Regulations relate to the 1999 Regulations of the same name and essentially bring into effect amendments which include – the extension of ordinary maternity leave from 18 to 26 weeks, the provision of additional maternity leave which is also 26 weeks (unpaid) and is available for those employees who qualify with the requisite continuous employment. Other amendments relate to: notice required now before the end of the 15th week before the expected week of confinement, ability to change date, automatic trigger of ordinary maternity leave (4 week rule), new requirement for employer to notify employee when maternity leave shall end, provisions for early returning, continuity of rights and obligations during ordinary maternity leave, right to return after ordinary maternity leave to job she was employed in before absence, and provisions regarding returning after ordinary maternity leave and other statutory leave.

No.355 Maternity and Parental Leave etc. (Amendment No.3) Regulations (Northern Ireland) 2002(opens new window)

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No.356 (C.29) Employment (2002) Order (commencement and transitional and savings provisions) Order (Northern Ireland) 2002

This Order brings into effect (23/11/02) the provisions of the Employment (NI) Order 2002 specified in Part I Schedule I (rights during and after maternity leave), (8/12/02) – Paternity and Adoption and administration and enforcement of statutory paternity and adoption pay, (6/4/03) – funding of employers liabilities, power to confer rights on individuals, amendments, aspects of flexible working.

No.356 (C.29) Employment (2002) Order (commencement and transitional and savings provisions) Order (Northern Ireland) 2002(opens new window)

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No.367 Fair Employment (specification of public authorities) (Amendment) Order (Northern Ireland) 2002

This Order amends the 2000 Order of the same name which specifies a number of bodies or persons as public bodies for the purposes of the Fair Employment and Treatment (NI) Order 1998 (see new Schedule).

No.367 Fair Employment (specification of public authorities) (Amendment) Order (Northern Ireland) 2002(opens new window)

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No.377 Paternity and Adoption leave Regulations (Northern Ireland) 2002

These Regulations relate to rights regarding paternity and adoption leave derived from the Employment (NI) Order 2002 and include qualification for right, taking paternity leave, 1 or 2 consecutive weeks, 56 day window, notification, terms and conditions of employment during leave, right of return, ordinary and additional adoption leave, one person entitlement re: adoption leave, provisions regarding adoption leave etc which largely reflect those relating to paternity.

No.377 Paternity and Adoption leave Regulations (Northern Ireland) 2002(opens new window)

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No.378 Statutory Paternity Pay and Statutory Adoption Pay (general) Regulations (Northern Ireland) 2002

These Regulations detail provisions regarding statutory paternity pay and statutory adoption pay and the inter-relationship with the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and address subject matters including: entitlement conditions, period of payment, notice requirements, evidence of entitlement, exceptional circumstances and many more details regarding headings similar to those above in relation to statutory adoption pay, statutory paternity pay and so on.

No.378 Statutory Paternity Pay and Statutory Adoption Pay (general) Regulations (Northern Ireland) 2002(opens new window)

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No.379 Statutory Paternity Pay and Statutory Adoption Pay (administration) Regulations (Northern Ireland) 2002

These Regulations provide for the funding of employer’s liabilities to make payments of statutory paternity or statutory adoption pay and address issues such as – employer, obligations, power of Inland Revenue Commissioners, 92% rule, recovery of overpayments by Board, employer records, employer duty to provide written reasons for refusal, Board officers determination on entitlement and so on.

No.379 Statutory Paternity Pay and Statutory Adoption Pay (administration) Regulations (Northern Ireland) 2002(opens new window)

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380 Statutory Paternity Pay and Statutory Adoption Pay (weekly rates) Regulations (Northern Ireland) 2002

These Regulations set out the weekly rates payable in relation to statutory paternity pay and statutory adoption pay. (6th April 2003 is key date re: before or after for amount) eg – 90% of employees normal weekly earnings, rounding up fractional amounts and so on.

380 Statutory Paternity Pay and Statutory Adoption Pay (weekly rates) Regulations (Northern Ireland) 2002(opens new window)

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381 Statutory Paternity Pay and Statutory Adoption Pay (Health and Personal Social Services Employees) Regulations (Northern Ireland) 2002

These Regulations make provisions regarding employees of Health and Personal Social Services who have two or more contracts of employment for the employee to elect re: statutory paternity pay and statutory adoption pay, to treat those contracts as one contract, manner in which election is made, providing information, timeframe and so on.

381 Statutory Paternity Pay and Statutory Adoption Pay (Health and Personal Social Services Employees) Regulations (Northern Ireland) 2002(opens new window)

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382 Statutory Paternity Pay and Statutory Adoption Pay (persons abroad andmariners) Regulations (Northern Ireland) 2002

These Regulations modify provisions relating to statutory paternity pay and statutory adoption pay relevant to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in relation to persons abroad, persons working as mariners and persons who work on the continental shelf. Other provisions relate to: application regarding treatment as employment in NI, EEA state, person absent from NI but has Class 1 NIC liability, working in both NI and EEA state, timelimits, clauses of mariners for entitlement purposes.

382 Statutory Paternity Pay and Statutory Adoption Pay (persons abroad andmariners) Regulations (Northern Ireland) 2002(opens new window)

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