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 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.
No.47 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2008
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
http://www.opsi.gov.uk/sr/sr2008/nisr_20080047_en_1
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.
http://www.opsi.gov.uk/sr/sr2008/nisr_20080076_en_1
No.95 The Certification Officer (Fees) Regulations (Northern Ireland) 2008
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.
http://www.opsi.gov.uk/sr/sr2008/nisr_20080095_en_1
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.
No 159 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2008
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.