Statutory Rules 2008
- No 507 The Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2007
- No.47 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2008
- No. 76 The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations (Northern Ireland) 2008
- No.95 The Certification Officer (Fees) Regulations (Northern Ireland) 2008
- No. 141 The Disability Discrimination (Guidance On The Definition Of A Disability) (Appointed Day) Order (Northern Ireland) 2008
- No 159 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2008
- No 1894 The National Minimum Wage Regulations 1999 (Amendment) Regulations 2008
- No 374 The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) (NI) Regulations 2008
- No. 326 The Fixed-Term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations (Northern Ireland) 2008
- No 480 The Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2008
No 507 The Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2007
This Order amends the 2004 Order of the same name by amending those specified persons or bodies as public authorities for certain purposes under the Fair Employment and Treatment (NI) Order 1998. The additions to this list of public authorities now covered are to be found in the Schedule Article 2.
This Order, increases as of 2/3/08, the limits applying to certain awards of Industrial Tribunals, and other amounts payable under employment legislation. Examples of 2008 figures include: a weeks pay £330, guarantee pay for one day £20.40, minimum basic unfair dismissal award £4,400, maximum unfair dismissal award £63,000 and the unlawful inducement (re: union or collective bargaining) award £2,900
No. 76 The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations (Northern Ireland) 2008
These Regulations amend the 2005 Regulations by increasing protection for work-seekers and reduce the regulatory burden on employment businesses and clarifies some points in the original Regulations. Examples of the changes include: work-seekers receiving a statement providing for withdrawing from additional services and to do so without suffering a detriment, the right to receive only basic information on short assignments, protection from being charged fees relating to publications were the job-seekers details appear, and some further clarification of technical issues contained within the 2005 Regulations.
These Regulations make amendments to the fees charged by the Northern Ireland Certification Office. Six sets of fees have been amended, last amended in 1997, and include fees payable for: application for entry of name of new organization of workers, certificate of independence, approval of proposed instrument of amalgamation, approval
of name change, inspection of documents held in Certification Office and so on.
No. 141 The Disability Discrimination (Guidance On The Definition Of A Disability) (Appointed Day) Order (Northern Ireland) 2008
This Order appoints 21/4/08 as the day for the coming into operation of new guidance entitled “Guidance to be taken into account when determining questions in relation to the definition of disability” as issued in Northern Ireland by OFMDFM. The guidance replaces the earlier version and takes into account changes made in 2006 which relate to DDA 1995.
These Regulations make a variety of amendments to our anti-discrimination legislation as it pertains to gender and pregnancy only. As a result there is no longer a requirement for a comparator who is not pregnant when a woman is pursuing a case of discrimination on the grounds of pregnancy or maternity leave. In addition the regulations make important amendments in relation to sex related harassment, in that there will no longer need to be a causative link between the harassment suffered.
This means that the wider concept of “related to” sex, as opposed to “on the grounds of” sex, means that a claim can be made by someone who was not subject to the unwanted conduct but nonetheless had the effect of violating his or her dignity or created a hostile, intimidating, degrading, offensive or humiliating environment for him or her. Further amendments brought in by the regulations include making it unlawful for an employer to fail to take reasonably practicable steps to protect employees from harassment by third parties where such harassment is known to have occurred on a least two other occasions.
Finally, the regulations narrow the extent to which it is not discriminatory to deprive a woman of the benefit of her terms and conditions of employment whilst she is on maternity leave. This can mean claims for discrimination in relation to terms available during Ordinary Maternity Leave but not during Additional Maternity Leave (This applies where the woman’s EWC is on or after 5/10/08.)
The Regulations widen the scope for employer liability especially in relation to matters such as harassment by a third party or indirect victims of harassment.
These Regulations amend the 1999 Regulations by making some technical changes to wording but also changes the principal rates (commencing in October 2008) from £5.52 up to £5.73, (18-21 yr old rate) – will increase from £4.60 to £4.77, and those below 18 will see the rate increase from £3.40 to £3.53. Other changes in the Regulations relate to how a worker qualifies for NMW when on certain government schemes, the position regarding work trials, applicable accommodation values (£4.46) and so on. The area of National Minimum Wage came under scrutiny in July 2008 when trade unions and government sat down as part of the “Warwick” discussions and this are may see major changes in 2009.
No 374 The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations(NI) 2008
These Regulations come into effect on 1st October 2008 but only fully impact where the Expected Week of Childbirth / date of adoption placement begins on or after 5th October 2008. The Regulations make significant changes in the following areas – Application of terms and conditions during ordinary maternity leave (OML) and ordinary adoption leave (OAL), and additional maternity leave (AML) and additional adoption leave (AAL), which in essence means that the distinction between the two in terms of rights afforded is all but removed. Thus, in effect, terms and conditions (apart from remuneration) must be the same during AML /AAL as they were in OML/OAL. In addition changes relating to the right to return after OML or AML will come into effect whereupon rights such as seniority, pension and similar rights remain unaffected for an employee returning from AML. Other changes relate to the protection from detriment after returning from AML, protection from Unfair Dismissal when returning from AML.
No. 326 The Fixed-Term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations (Northern Ireland) 2008
These Regulations amend the 2002 Regulations by providing for statutory sick pay to be paid to employees who are agency workers on fixed term contracts of less than 3 months duration.
No 480 The Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2008
This Order amends the 2004 Order of the same name by amending the list of public authorities covered under Part VII of the Fair Employment and Treatment (Northern Ireland) Order 1998.