Statutory Rules 2009
- No 45 The Employment Rights (Increase in Limits) Order (Northern Ireland) 2009
- No 85 The Employers Liability (Compulsory Insurance) (Amendment) Regulations (Northern Ireland 2009
- No 89 The Social Security Benefits Up-Rating Order (Northern Ireland) 2009
- No 266 The Working Time (Amendment) Regulations (Northern Ireland) 2009
- No 317 The Work and Families (Increase of Maximum Amount) Order (Northern Ireland) 2009
- No. 1902 The National Minimum Wage Regulations (1999) Amendment Regulations (2009)
The Employment Rights (Increase in Limits) Order (Northern Ireland) came into effect on 15/2/09. This Order increases the statutory limits on figures such as the cap on a weeks pay for the purpose of calculating of statutory redundancy pay. The new rates are to be found in the Schedule to the Order (See last page on attached link below), for example £350 is the new capped rate for a week’s pay.
These Regulations (from 1/4/09) amend the 1999 Regulations of the same name and detail things such as amendments and additions to the list of bodies exempted under the Regulations.
This Order increases some of the key employment related payments such as Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay and so on. The Order brings the above new rates into effect from 6th April 2009.
These Regulations amend the Working Time Regulations by continuing to phase in the reduction in the maximum number of hours (subject to individual opt out) that doctors in training are required to work. Doctors in training are now (subject to individual opt out) subject to the 48hr limit, however certain categories of doctors in training will have a limit of 52 hours and these categories are detailed in the Regulations.
This Order comes into effect on 1/10/09 and has the main purpose of increasing the maximum weekly amount used for the purposes of calculating certain awards by the Industrial Tribunal from £350 to £380. This is commonly referred to as the “capped weeks pay” for the purposes of unfair dismissal and redundancy pay calculations.
Article 3 excludes, on this single occasion, the operation of Article 33 of the Employment Relations (Northern Ireland) Order 1999, in relation to sums covered by this Order. Therefore the sums will not increase (or decrease) in line with the Retail Price Index for September 2009, in February 2010.
These Regulations amend the 1999 Regulations as of 1/10/09. The regulations amend the NMW rates which now stand at - £5.80 for the principal rate (22 years old +), £4.83 for the 18-21 yr old rate and £3.57 for those who are between compulsory school leaving age and 18.
The Regulations also address the issues of: accommodation offset, exempted categories, and certain transitional provisions. Importantly the Regulations also carry new provisions that mean that service charges, tips, cover charges and gratuities paid to a worker through the employers’ payroll do not count towards the National Minimum Wage.
Separate guidance on tips etc and the National Minimum Wage can be found on the BIS website. In addition NMW enforcement amendments can be found in the Employment Act (2008) which has limited application to Northern Ireland.