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Statutory Rules 2005

No. 47 The Information and Consultation of Employees Regulations (Northern Ireland) 2005

The Information and Consultation of Employees Regulations (Northern Ireland) 2005 come into effect on 6 April 2005 and essentially provide for employees in organisations over a certain size with the right to be informed and consulted over matters affecting their employment. The law is being phased in between 2005-2008, that is undertakings with 150 or more employees from 6 April 2005, undertakings with 100 or more employees from 6 April 2007 and undertakings with 50 or more employees from 6 April 2008.

The Regulations detail the following: General (interpretation and application); Employee Numbers and Entitlement to Data (calculation, entitlement, complaints); Negotiated Agreements (requests, pre-existing agreements, ballots, employer initiated, requests and restrictions, disputes, negotiations, complaints); Standard Information and Consultation Provisions (application, election of representatives, standard provisions); Duty of Co-operation; Compliance and Enforcement (disputes, penalties, remedies); Confidential Information (statutory duty breach, withholding information by employer); Protections for Information and Consultation Representatives, Etc (time off, remuneration for time off, complaints to industrial tribunals, unfair dismissal, detriment, conciliation); Miscellaneous (Industrial Court, Labour Relations Agency, restrictions on contracting out, Crown employment, exceptions and Schedules (1,2)).

No. 47 The Information and Consultation of Employees Regulations (Northern Ireland) 2005(opens new window)

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No. 62 The Statutory Maternity Pay (General) (Amendment) Regulations (Northern Ireland) 2005

These Regulations amend the 1987 Regulations to provide for continuity of employment in respect of a dismissal where a woman commences a statutory dispute resolution procedure and as a consequence of the procedure is reinstated or re-engaged by her employer (on or after 6/4/05).

No. 62 The Statutory Maternity Pay (General) (Amendment) Regulations (Northern Ireland) 2005(opens new window)

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No. 73 (C6) The Employment Relations (2004 Order) (Commencement No.2 and Transitional Provisions) Order (Northern Ireland) 2005

This Order brings into effect Articles 17,19 and 28 of the 2004 Order as well as paragraphs 15 and 18 of Schedule 1. The issues covered include: Industrial Tribunal power applying to any proceedings where a national security issue is at stake; order-making powers for the Department for Employment and Learning; Department power to widen the means of voting available in ballots and elections under 1995 legislation; Department powers re amendment (recognition, de-recognition); and Department powers re trade union amalgamations or transfers or employer cessation.

No. 73 (C6) The Employment Relations (2004 Order) (Commencement No.2 and Transitional Provisions) Order (Northern Ireland) 2005(opens new window)

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No. 94 The Transfer of Employment (Pension Protection) Regulations (Northern Ireland) 2005

These Regulations relate to employer obligations under the Pensions (Northern Ireland) Order 2005. The provisions in the Regulations apply to an employee who becomes an employee of a new employer in a TUPE situation and who had actual or contingent rights in relation to an occupational pension scheme immediately before the transfer. The new employer is required to secure that the employee is, or is eligible to become, an active member of an occupational pension scheme in relation to which the new employer must make, if it is a money purchase scheme, ‘relevant contributions’ to it. Also provisions are made re: stakeholder pension contributions, non money purchase schemes, the 6% rule, relevant contributions, and so on.

No. 94 The Transfer of Employment (Pension Protection) Regulations (Northern Ireland) 2005(opens new window)

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No. 134 The Statutory Maternity Pay (General) (Amendment No 2) Regulations (Northern Ireland) 2005

These Regulations amend the 1987 Regulations and address the following: definition of statutory maternity leave and calculations of statutory maternity pay and pay increases implications.

No. 134 The Statutory Maternity Pay (General) (Amendment No 2) Regulations (Northern Ireland) 2005(opens new window)

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No. 145 Equal Pay Act 1970 (Amendment) Regulations (Northern Ireland) 2005

These Regulations amend the 1970 Act in relation to claims for equal pay for work of equal value via a procedural alteration in terms of appointing an independent expert or the industrial tribunal determining the matter itself, the impact of an existing job evaluation study and the reliance to be placed upon it.

No. 145 Equal Pay Act 1970 (Amendment) Regulations (Northern Ireland) 2005(opens new window)

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No. 150 The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

These Regulations essentially revoke and replace the 2004 Regulations of the same name. The language used is more straightforward and the sections have been re-numbered and re-ordered and include drafting amendments and updates of statutory references (Regulations, Schedules and Rules).

No. 150 The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005(opens new window)

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No. 152 Code of Practice (Disciplinary and Grievance Procedures) (Appointed Day) Order (Northern Ireland) 2005

This Order appoints 3rd April 2005 as the day upon which the Labour Relations Agency Code on Disciplinary and Grievance procedures takes effect. The Code can be admitted in evidence in any proceedings before an industrial tribunal or the Industrial Court. This code replaces the pre-existing code on Discipline and Grievance (1/12/02).

No. 152 Code of Practice (Disciplinary and Grievance Procedures) (Appointed Day) Order (Northern Ireland) 2005(opens new window)

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No. 167 The Statutory Paternity Pay and Statutory Adoption Pay (General) (Amendment) Regulations (Northern Ireland) 2005

These Regulations amend the 2002 Regulations of the same name to provide for continuity of employment in respect of a dismissal where a person commences a statutory dispute resolution procedure and as a consequence is re-engaged or reinstated by their employer. (Applicable to re-engagement or reinstatement occurring on or after 6/4/05).

No. 167 The Statutory Paternity Pay and Statutory Adoption Pay (General) (Amendment) Regulations (Northern Ireland) 2005(opens new window)

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No. 187 Gender Recognition Register (Northern Ireland) Regulations 2005

These Regulations make provisions for entries to be made in the Gender Recognition Register and as such will contain information recorded in the applicant’s existing birth record.

No. 187 Gender Recognition Register (Northern Ireland) Regulations 2005(opens new window)

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No. 188 The Statutory Sick Pay (General) and Statutory Maternity Pay (General) (Amendment) (Northern Ireland) 2005

These Regulations amend previous Regulations on statutory sick pay from 1982 and statutory maternity pay from 1987 and make changes relating to: employers producing records relating to SSP to the Inland Revenue within a defined period and in a set format. Similar amendments to those above relate to statutory maternity pay.

No. 188 The Statutory Sick Pay (General) and Statutory Maternity Pay (General) (Amendment) (Northern Ireland) 2005(opens new window)

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No. 241The Road Transport (Working Time) Regulations (Northern Ireland) 2005

These Regulations implement an EU Directive (2002/15/EC) relating to the organisation of working time of persons performing mobile road transport activities. The provisions include: maximum weekly working time and maximum average weekly working time (mobile workers covered by Community Drivers’ Hours Regulation (Council Regulation (EEC) No. 3820/85), prescription of reference periods over which such time is to be calculated. They also regulate availability periods, breaks, rest periods and night work. They require employers to keep records of the time worked and to provide copies. They make it an offence to fail to comply with their requirements and provide for enforcement.

No. 241The Road Transport (Working Time) Regulations (Northern Ireland) 2005(opens new window)

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No. 279 The Work at Height Regulations (Northern Ireland) 2005

These Regulations relate to the health and safety requirements when working at height (subject to some limited exceptions). Amongst other things the Regulations address minimum requirements regarding to work equipment, measures to encourage the improvement of health and safety at work, minimum health and safety requirements at temporary or mobile construction sites. Specifically, the Regulations: improve duties relating to the organising and planning of work at height, required persons be competent, steps to avoid risk at height, selection of work equipment, avoidance of risk from fragile surfaces/ falling objects/ danger areas, improve duties of persons at work and so on.

No. 279 The Work at Height Regulations (Northern Ireland) 2005(opens new window)

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No.293 The Disability Discrimination Codes of Practice (Employment and Occupation, and Trade Organisations and Qualifications Bodies, (Appointed day) Order (Northern Ireland) 2005

The Order provides for the Equality Commission to prepare and provide codes of practice giving guidance to the named above on matters such as avoiding unlawful acts, promotion of equality opportunity, encouraging good practice and so on. The Courts and Tribunals can take the code into account in their determinations and the appointed day is 13 June 2005.

No.293 The Disability Discrimination Codes of Practice (Employment and Occupation, and Trade Organisations and Qualifications Bodies, (Appointed day) Order (Northern Ireland) 2005(opens new window)

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No.345 Employment Relations (2004) Order (Commencement No3 and Transitional Provisions) Order (Northern Ireland) 2005

This Order brings into effect the following components of the 2004 Order relating to - Industrial Court determination of Bargaining Unit, correspondence between Industrial Court and Bargaining Unit, postal votes for workplace ballots, Industrial Court powers re: time frames for agreements on Bargaining Unit determination, LRA powers to require information from parties in a Recognition dispute, extension of protected period to 12 weeks regarding official industrial action and related calculation rules, Industrial Tribunal powers regarding whether Conciliation or mediation was availed of during dispute, Certification Office powers regarding vexatious cases and finally, the establishment of the Trade Union Modernisation Fund.

No.345 Employment Relations (2004) Order (Commencement No3 and Transitional Provisions) Order (Northern Ireland) 2005(opens new window)

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No.376 The Industrial Tribunals (constitution of rules and procedure) (Amendment) Regulations (Northern Ireland) 2005

These Regulations amend regulation 4 of the Regulations of the same name (regulation 2) in relation to the appointment of full and part-time members to the panel of chairs, in that it will be the responsibility of the Lord Chancellor rather than the Department for Employment and Learning.

No.376 The Industrial Tribunals (constitution of rules and procedure) (Amendment) Regulations (Northern Ireland) 2005(opens new window)

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No.395 Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005

These Regulations revolve the 1982 Regulations of the same name Associated Regulations. The Regulations are designed to regulate the conduct of both employment agencies and employment businesses (as defined) and protect those persons using their services. Amongst other things the Regulations address: fees, restrictions on conditions, requirements regarding identity training and qualifications, unsuitable candidates, charges, agreement to terms, agreement with hirers, information requirements and so on.

No.395 Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005(opens new window)

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No.397 The Control Vibration at Work Regulations (Northern Ireland) 2005

These Regulations set minimum health and safety requirements regarding the exposure of workers the risks from vibration. The Regulations impose duties on employers to protect employees who may be exposed to the risk of vibration at work. Amongst other things the Regulations address: hand, arm and whole body vibration, limits regarding vibration exposure, risk assessment, risk reduction/ elimination, programme measures, limit value (reaching/ exceeding), value averaging, health surveillance, information, instruction and training.

No.397 The Control Vibration at Work Regulations (Northern Ireland) 2005(opens new window)

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No.426 Employment Equality (Sex Discrimination) Regulations (Northern Ireland) 2005

These Regulations implement the latest in a series of Equality related Directive Requirements. The Regulations amend the Sex Discrimination Order (Northern Ireland) 1976 with particular reference to the following areas: indirect discrimination of the ground of pregnancy, discrimination of the ground of maternity leave and other consequences amendments. (Includes coverage regarding harassment on grounds of gender reassignment.)

No.426 Employment Equality (Sex Discrimination) Regulations (Northern Ireland) 2005(opens new window)

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No. 520 The Civil Partnership Act 2004 (Amendment to Subordinate Legislation) Order (Northern Ireland) 2005

Although the main impact on Northern Ireland employment legislation in the area of civil partnership comes from the Civil Partnership Act (2004) (for example, Section 252 and Schedule 29) itself, the above Order addresses other changes in the employment sphere. In particular paragraphs 12, 13, 14, 16 and 17 amend the provisions relating to adoption and paternity leave and pay, paragraph 15 amends the law on flexible working to allow civil partners who qualify the right to request it, and paragraph 18 amends the Employment Equality (Sexual Orientation) Regulations 2003 to provide for changes made by the Civil Partnership legislation.

No. 520 The Civil Partnership Act 2004 (Amendment to Subordinate Legislation) Order (Northern Ireland) 2005(opens new window)

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No. 571 (C. 39) The Employment Relations (2004 Order) (Commencement No.4 and Transitional Provisions) Order (Northern Ireland) 2005

This is the final implementation order for the Employment Relations (NI) Order 2004 and essentially it brings into effect, as of 8/1/06 the remaining matters not implemented by the previous three commencement orders.

This Order brings into effect matters pertaining to; employers duties relevant to trade union recognition ballots in relation to notifications by the Industrial Court relating to ballots and access to workers, employers having to refrain from making offers to employees to not attend meetings with the union regarding recognition, the employer must not take or threaten to take action against a worker because he/she has or intends to take part in a meeting regarding recognition. The order also outlaws unfair practices in relation to the recognition (and mirroring provisions for de-recognition) ballot such as incentives for voting a particular way, coercion or threats regarding discipline or dismissal and complaints to the Industrial Court.The Order also specifies the information to be contained on the ballot notice to an employer in advance of industrial action in terms of - lists of categories of employees, their workplaces, figures relating to numbers in each category and at each workplace by reference to check off arrangements.

No. 571 (C. 39) The Employment Relations (2004 Order) (Commencement No.4 and Transitional Provisions) Order (Northern Ireland) 2005(opens new window)

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No. 578 The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No.2) Regulations (Northern Ireland) 2005

These regulations make technical amendments to the 2005 Regulations in relation to: re-numbering, clarification of power, case management issues, pre-hearing review issues, witness issues and so on.

No. 578 The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) (No.2) Regulations (Northern Ireland) 2005(opens new window)

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No. 579 The Fair Employment Tribunal (Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2005

These Regulations make technical amendments to the 2005 Regulations in relation to: existing powers, provision of detailed information, decisions to strike-out at pre-hearing review, claims which are part- withdrawn, questioning witnesses and so on.

No. 579 The Fair Employment Tribunal (Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2005(opens new window)

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