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Statutory Rules 2011

No 30 The Employment Rights (Increase in Limits) Order (Northern Ireland) 2011

No 157 The Cross-Border mediation Regulations (Northern Ireland) 2011

No 159 The Employment Act (Northern Ireland) 2011 (Commencement No. 1, Transitional Provisions and Savings) Order (Northern Ireland) 2011 - S.R. 2011 No. 159 (C. 8).

No 160 The Code of Practice (Disciplinary and Grievance Procedures) (Appointed Day) Order (Northern Ireland) 2011.

No 161 The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011

No 162 The Fair Employment Tribunal (Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011

No 163 The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Amendment) Regulations (Northern Ireland) 2011

No 725 The Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2011

No 156 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011

No 168 The Employment Equality (Repeal of Retirement Age Provisions) Regulations (Northern Ireland) 2011

No 119 The Social Security Benefits Up-rating Order (NorthernIreland)2011

No. 222 The Employment Act (Northern Ireland) 2010 (Commencement and Transitional Provision) Order (Northern Ireland) 2011

No 229 The Rules of the Court of Judicature (Northern Ireland) (Amendment No. 3) 2011

No 237 The Industrial Court (Membership) Regulations (Northern Ireland) 2011

No 277 The Additional Statutory Paternity Pay (General) (Amendment) Regulations Northern Ireland 2011

No. 2345 The National Minimum Wage (Amendment) Regulations (2011)

No 350 The Agency Workers Regulations (Northern Ireland) 2011

No. 441  The Labour Relations Agency (Code of Practice on Disciplinary and Grievance Procedures) (Jurisdictions) Order (Northern Ireland) 2011

No 30 The Employment Rights (Increase in Limits) Order (Northern Ireland) 2011

This Order increases, from 13/2/11, the limits applying to certain awards of Industrial Tribunals and other amounts payable under employment legislation as specified in the Schedule to the Order. This Order covers things such as the “cap” on a weeks’ pay (now £400 per week) for the purposes of calculating statutory redundancy pay and awards for unfair dismissal. Other limits include the amount for guaranteed pay (now £22.20 per day) and so on.

http://www.legislation.gov.uk/nisr/2011/30/made(opens new window)

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No 157 The Cross-Border mediation Regulations (Northern Ireland) 2011

Although these Regulations do not specifically relate to employment there are aspects of them that could apply in an employment dispute which is cross border between Northern Ireland and the Republic of Ireland. The Regulations come into operation on 18/4/11 and make amendments to some employment related legislation such as  the Employment Rights (NI) Order 1996 etc. There are ramifications regarding timescales so that limitation periods do not expire during mediation and thus are extended, for example for eight weeks after mediation.

http://www.legislation.gov.uk/nisr/2011/157/contents/made(opens new window)

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No 159 The Employment Act (Northern Ireland) 2011 (Commencement No. 1, Transitional Provisions and Savings) Order (Northern Ireland) 2011 - S.R. 2011 No. 159 (C. 8).

This Order brings into operation the provisions of the Employment Act (Northern Ireland) 2011 (2011 c. 13 (N.I.)) (“the Act”) set out in Article 2. Those provisions come into operation on 3rd April 2011.

Sections 1 to 14 and 16 of and Schedules 1, 2 and 4 to the Act, which are commenced by this Order, make certain changes to the law relating to the resolution of disputes which arise in the workplace.

Section 1 of and Schedule 1 to the Act repeal the existing statutory grievance procedures introduced by the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15)). Section 2 repeals an unused provision of that Order concerning the statutory dispute resolution procedures and contracts of employment. Section 3 ends the connection between the statutory procedures relating to disciplinary and dismissal situations and time limits for lodging claims with an industrial tribunal or the Fair Employment Tribunal. The consequences of failure to comply with a relevant Code of Practice dealing with workplace grievances are established in section 4 and Schedule 2. The good practice set out in the Code supersedes the framework of statutory procedure in relation to these matters.

Section 5 makes provision dealing with the power to make industrial tribunal procedure regulations; specifically, it concerns the circumstances in which a tribunal may be empowered to determine proceedings without a hearing. Section 6 widens powers to restrict publicity in sensitive tribunal cases. Section 7 removes the requirement to seek a county court order for the purposes of enforcing an industrial tribunal award. Section 11 modifies Article 85 of the 1998 Order to allow the Fair Employment Tribunal, in specified circumstances, to assume the powers and functions of an industrial tribunal to deal with matters that would otherwise fall to be dealt with by an industrial tribunal.

Sections 8 and 12 extend greater discretion to the Labour Relations Agency in offering its conciliation service prior to a tribunal claim having been lodged. Sections 9 and 13 remove restrictions on the Agency’s duty to offer conciliation after a tribunal claim has been lodged. Sections 10 and 14 specify that certain sums payable under Agency conciliated settlements are to be treated as though payable under a county court order.

The Schedule to the Order contains transitional provisions. Paragraphs 1 and 2 have the effect that the repeal of the existing statutory grievance procedures and related repeals and amendments do not take effect in certain circumstances.

  • The statutory grievance procedures continue to apply (where they currently apply) if the action about which the employee complains (by complying with step one of the grievance procedures or presenting a tribunal complaint) occurs wholly before the 3rd April 2011.
  • The procedures also continue to apply (where they currently apply) if the action on which the grievance is based begins on or before the 2nd April 2011 and continues beyond that date, and the employee presents a tribunal complaint or complies with step one of the grievance procedures on or before either 2nd July 2011 or, in certain cases, 2nd October 2011.

Paragraph 3 of the Schedule contains a number of definitions which are relevant to the Order.

http://www.legislation.gov.uk/nisr/2011/159/contents/made(opens new window)

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No 160 The Code of Practice (Disciplinary and Grievance Procedures) (Appointed Day) Order (Northern Ireland) 2011.

These Regulations amend the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 150) (“the 2005 Regulations”), the most substantive amendments to which have previously been made by S.R. 2005 No. 376 and S.R. 2005 No. 578.

The Regulations make consequential amendments arising out of the Employment Act (Northern Ireland) 2011, which repeals aspects of the statutory dispute resolution procedures introduced under Part 4 the Employment (Northern Ireland) Order 2003 and makes changes in respect of conciliation by the Labour Relations Agency. Additionally, the Regulations make procedural changes to tribunal practice, including in relation to responses, default judgements, matters to be heard without a hearing and withdrawal of proceedings, as well as applying minor clarifications to the main Regulations.

Regulation 4 makes amendments to Schedule 1 to the 2005 Regulations.

Regulation 4(5) makes changes to the procedure specified under rule 4 of Schedule 1 to the 2005 Regulations which is used by industrial tribunals when considering the acceptance of a response to a claim.

Regulation 4(7) amends rule 8 to modify the procedure relating to default judgements.

Regulation 4(13) removes provisions relating to time limits on conciliation by repealing rules 22 to 24.

Regulation 4(15) adds a new rule 25A, to provide for the automatic dismissal of proceedings following receipt of notification that the Labour Relations Agency has concluded a conciliated settlement of the case.

Regulation 4(16) provides that a preliminary consideration of an application under rule 33 to review a default judgement can take place without a hearing, and that the parties may consent in writing to the review of the application taking place without a hearing.

Regulation 5 amends rule 3 of Schedule 3 to the 2005 Regulations to enable a chairman sitting alone to hear stage 1 equal value claims.

Regulations 6, 7 and 8 make minor amendments, respectively, to Schedules 4, 5 and 6 to the 2005 Regulations.

Regulation 9 provides for transitional arrangements in relation to these Regulations. Paragraph (1) harmonises arrangements for the repeal of aspects of the statutory dispute resolution procedures in the Employment (Northern Ireland) Order 2003 with the similar provisions of the Employment Act (Northern Ireland) 2011 (Commencement No. 1, Transitional Provisions and Savings) Order (Northern Ireland) 2011 (S.R. 2011 No. 159 (C. 8)). Paragraphs (2) to (5) provide for transitional arrangements in relation to default judgements, the automatic dismissal of proceedings where a Labour Relations Agency settlement has been reached, the power of a chairman to review a default judgement on his own initiative, and the changes to stage 1 equal value hearings respectively.

http://www.legislation.gov.uk/nisr/2011/160/contents/made (opens new window)

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No 161 The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011

These Regulations amend the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 150) (“the 2005 Regulations”), the most substantive amendments to which have previously been made by S.R. 2005 No. 376 and S.R. 2005 No. 578.

The Regulations make consequential amendments arising out of the Employment Act (Northern Ireland) 2011, which repeals aspects of the statutory dispute resolution procedures introduced under Part 4 the Employment (Northern Ireland) Order 2003 and makes changes in respect of conciliation by the Labour Relations Agency. Additionally, the Regulations make procedural changes to tribunal practice, including in relation to responses, default judgements, matters to be heard without a hearing and withdrawal of proceedings, as well as applying minor clarifications to the main Regulations.

Regulation 4 makes amendments to Schedule 1 to the 2005 Regulations.

Regulation 4(5) makes changes to the procedure specified under rule 4 of Schedule 1 to the 2005 Regulations which is used by industrial tribunals when considering the acceptance of a response to a claim.

Regulation 4(7) amends rule 8 to modify the procedure relating to default judgements.

Regulation 4(13) removes provisions relating to time limits on conciliation by repealing rules 22 to 24.

Regulation 4(15) adds a new rule 25A, to provide for the automatic dismissal of proceedings following receipt of notification that the Labour Relations Agency has concluded a conciliated settlement of the case.

Regulation 4(16) provides that a preliminary consideration of an application under rule 33 to review a default judgement can take place without a hearing, and that the parties may consent in writing to the review of the application taking place without a hearing.

Regulation 5 amends rule 3 of Schedule 3 to the 2005 Regulations to enable a chairman sitting alone to hear stage 1 equal value claims.

Regulations 6, 7 and 8 make minor amendments, respectively, to Schedules 4, 5 and 6 to the 2005 Regulations.

Regulation 9 provides for transitional arrangements in relation to these Regulations. Paragraph (1) harmonises arrangements for the repeal of aspects of the statutory dispute resolution procedures in the Employment (Northern Ireland) Order 2003 with the similar provisions of the Employment Act (Northern Ireland) 2011 (Commencement No. 1, Transitional Provisions and Savings) Order (Northern Ireland) 2011 (S.R. 2011 No. 159 (C. 8)). Paragraphs (2) to (5) provide for transitional arrangements in relation to default judgements, the automatic dismissal of proceedings where a Labour Relations Agency settlement has been reached, the power of a chairman to review a default judgement on his own initiative, and the changes to stage 1 equal value hearings respectively.

http://www.legislation.gov.uk/nisr/2011/161/introduction/made(opens new window)

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No 162 The Fair Employment Tribunal (Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011

These Regulations amend the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 151) (“the 2005 Regulations”), the most substantive amendments to which have previously been made by S.R. 2005 No. 579.

The Regulations make consequential amendments arising out of the Employment Act (Northern Ireland) 2011, which repeals aspects of the statutory dispute resolution procedures introduced under Part 4 the Employment (Northern Ireland) Order 2003 and makes changes in respect of conciliation by the Labour Relations Agency. Additionally, the Regulations make procedural changes to tribunal practice, including in relation to responses, default judgements, matters to be heard without a hearing and withdrawal of proceedings, as well as applying minor clarifications to the main Regulations.

Regulation 2(5) makes changes to the procedure specified under rule 4 of Schedule 1 to the 2005 Regulations which is used by the Fair Employment Tribunal when considering the acceptance of a response to a claim.

Regulation 2(7) amends rule 7 to modify the procedure relating to default judgements.

Regulation 2(11) adds a new rule 21A, to provide for the automatic dismissal of proceedings following receipt of notification that the Labour Relations Agency has concluded a conciliated settlement of the case.

Regulation 2(12) provides that a preliminary consideration of an application under rule 29 to review a default judgement can take place without a hearing, and that the parties may consent in writing to the review of the application taking place without a hearing.

Regulation 3 provides for transitional arrangements in relation to these Regulations. Paragraph (1) harmonises arrangements for the repeal of aspects of the statutory dispute resolution procedures in the Employment (Northern Ireland) Order 2003 with the similar provisions of the Employment Act (Northern Ireland) 2011 (Commencement No. 1, Transitional Provisions and Savings) Order (Northern Ireland) 2011 (S.R. 2011 No. 159 (C. 8)). Paragraphs (2) to (4) provide for transitional arrangements in relation to default judgements, the automatic dismissal of proceedings where a Labour Relations Agency settlement has been reached and the power of a chairman to review a default judgement on his own initiative.

http://www.legislation.gov.uk/nisr/2011/162/contents/made(opens new window)

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No 163 The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Amendment) Regulations (Northern Ireland) 2011

These Regulations amend the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“the TUPE Regulations”), insofar as those Regulations apply to Northern Ireland, to take account of changes made by the Employment Act (Northern Ireland) 2011 (c. 13 (N.I.)). These Regulations also make corresponding amendments to the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (“the Service Provision Change Regulations”).

The Employment Act (Northern Ireland) 2011 makes changes to the statutory arrangements concerning the resolution of disputes arising in the workplace. The Act repeals the statutory procedure for resolving disputes insofar as it applied to grievances, providing instead for the Labour Relations Agency to issue a Code of Practice relating exclusively or primarily to procedure for the resolution of disputes. Arrangements in respect of disciplinary processes remain substantively unchanged.

Regulation 11 of the TUPE Regulations, as modified for the purposes of application to Northern Ireland by paragraph 10(2) of Schedule 1 to those regulations, requires the notification of disciplinary or grievance procedures taken against or by an employee in circumstances where the statutory dispute resolution procedures apply. Regulation 11 of the Service Provision Change Regulations sets out a like requirement.

Regulation 2 of these regulations amends paragraph 10(2) of Schedule 1 to the TUPE Regulations so that, insofar as they apply to Northern Ireland, they reflect the new arrangements relating to grievances where a relevant Code of Practice applies. The amendment also provides for the continuation of existing arrangements with respect to disciplinary situations. Regulation 3 amends regulation 11 of the Service Provision Change Regulations to the same effect. The Service Provision Change Regulations apply only to Northern Ireland.

http://www.legislation.gov.uk/nisr/2011/163/contents/made(opens new window)

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No 725 The Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2011

This Statutory Instrument has application to Northern Ireland and came into operation on 6/4/11.

Employers generally recover 92% of the Statutory Maternity Pay they pay. Small employers, those who have paid £45,000 or less in gross National Insurance contributions in the previous tax year, may recover 100% of the Statutory Maternity Pay paid out plus an additional amount. This additional amount is intended to compensate small employers for the employers’ share of the National Insurance contributions they pay on Statutory MaternityPay.

The calculation of the additional amount is set out in existing legislation. The rate must be looked at each year and amended to reflect the shift in the ratio between the Statutory Maternity Pay paid out and the employers’ share of the National Insurance contributions paid on Statutory Maternity Pay. This additional amount has been set at 4.5% since 6 April 2002. This year the calculation has shown that the additional amount must change from 4.5% to 3% from 6 April 2011.

The same reimbursement arrangements also apply to four other Statutory Payments -

Statutory Adoption Pay, Statutory Paternity Pay, Ordinary Statutory Paternity Pay and Additional Statutory Paternity Pay. The Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 and the Additional Statutory Paternity Pay (Administration) Regulations 2010 provide for employers who make these payments to recover them at the same rate as Statutory Maternity Pay.

http://www.legislation.gov.uk/uksi/2011/725/introduction/made(opens new window)

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No 156 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011

These Regulations amend the Sex Discrimination (Northern Ireland) Order 1976 (“the 1976 Order”) to give full effect in Northern Ireland to Articles 2(1)(b) (indirect discrimination) and 17(1) (Defence of rights) of Council Directive 2006/54/EC of 5th July 2006 (“the Directive”) on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast).

Regulations 3 and 4 amend the definition of indirect discrimination in Articles 3(2)(b)(ii) and 5(1)(b)(ii) of the Order. The amendment makes clear that the provisions cover both persons who are put at a disadvantage by the discriminatory provision and those who would be put at such a disadvantage.

Regulation 5 amends Article 38 to clarifythat an individual may take proceedings in respect of the discriminatory practices to which Article 38 applies.

Regulations 6 and 7 enable an individual to make a complaint to an industrial tribunal under Article 63 in respect of an act made unlawful by Article 40 or 41.

Regulations 8 and 9 enable an individual to make a claim and bring proceedings to a county court under Article 66 in respect of an act made unlawful by Article 40 or 41.

Regulation 10 amends Article 72 which deals with the enforcement of Articles 39 to 41. The amendment clarifies thatproceedings under Articles 39 to 41 may be taken by an individual.

http://www.legislation.gov.uk/nisr/2011/156/contents/made (opens new window)

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No 168 The Employment Equality (Repeal of Retirement Age Provisions) Regulations (Northern Ireland) 2011

These Regulations revoke and amend provisions in the Employment Equality (Age) Regulations (Northern Ireland) 2006 (and amend certain provisions in the Employment Rights (Northern Ireland) Order 1996) which except certain dismissals made on the basis of retirement from constituting direct age discrimination and unfair dismissal. There are complex transitional provisions in this area and the law comes into operation on 6/4/11.

A new provision relating to insurance arranged by an employer for the employer’s employees and other persons in connection with that employment is also made.

http://www.legislation.gov.uk/nisr/2011/168/contents/made (opens new window)

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No 119 The Social Security Benefits Up-rating Order (NorthernIreland)2011

This Order, one of a series of statutory rules relating to the annual uprating, provides for the rates of social security benefits, pensions and allowances from April 2011 (various dates from 3rd-14th April). This Order makes changes to rates such as Statutory Sick Pay (SSP) which is now at the rate of £81.60, Statutory Maternity Pay (SMP)  (and Statutory Paternity and Statutory Adoption Pay) which is now at the rate of £128.73 etc.

http://www.legislation.gov.uk/nisr/2011/119/contents/made   (opens new window)

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No. 222 The Employment Act (Northern Ireland) 2010 (Commencement and Transitional Provision) Order (Northern Ireland) 2011

This Order brings section 3 of the Employment Act (Northern Ireland) 2010 (the “2010 Act”) into operation. The Order confers greater powers on the Department for Employment and Learning regarding appointments to the Industrial Court. See also the Industrial Court Membership Regulations Northern Ireland which come into effect on 31/7/11.

Section 3 of the 2010 Act amends Article 91A of the Industrial Relations (Northern Ireland) Order 1992 to replace current arrangements for Industrial Court appointments with equivalent subordinate legislation provisions which will provide greater flexibility in making appointments.

The Order also contains a transitional provision which provides for the amendments made by section 3 of the 2010 Act to apply only to appointments to the Industrial Court made after the operational date of this Order.

http://www.legislation.gov.uk/nisr/2011/222/contents/made (opens new window)

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No 229 The Rules of the Court of Judicature (Northern Ireland) (Amendment No. 3) 2011

These Rules amend the Rules of the Court of Judicature (Northern Ireland) to provide for the award of penalties by the High Court under the Transnational Information and Consultation of Employees Regulations 1999 (S.I 1999/3323), in consequence of amendments made by the Transnational Information and Consultation of Employees (Amendment) Regulations 2010 which came into effect on 5/6/11.

http://www.legislation.gov.uk/nisr/2011/229/contents/made (opens new window)

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No 237 The Industrial Court (Membership) Regulations (Northern Ireland) 2011

These Regulations, which come into operation on 31/7/11, specify the arrangements in relation to the appointment of members of the Court and their terms of appointment. The Regulations include provision for the appointment of a chairman, deputy chairman and other members of the Court, for the removal and suspension of members in certain specified circumstances and for the members to hold and vacate office in accordance with their terms of appointment.

The Court is a non-departmental tribunal body whose main function is to adjudicate on applications relating to the statutory recognition or de-recognition of trade unions for collective bargaining purposes, where this cannot be agreed voluntarily.

http://www.legislation.gov.uk/nisr/2011/237/contents/made (opens new window)

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No 277 The Additional Statutory Paternity Pay (General) (Amendment) Regulations Northern Ireland 2011

These Regulations, operational from 14/8/11, amend the Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010 (“the Principal Regulations”) to correct a drafting error in regulation 14 of those Regulations. The error concerns the date of the beginning of the additional statutory paternity pay period (adoption).

http://www.legislation.gov.uk/nisr/2011/277/made(opens new window)

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No. 2345 The National Minimum Wage (Amendment) Regulations (2011)

The Regulations amend the 1999 regulations primarily in relation to the national minimum wage rates.  The Regulations come into force, as far as Northern Ireland is concerned, on 1/10/11. The key changes are as follows: increases - the principal rate of the national minimum wage from £5.93 to £6.08 per hour, the rate paid to workers aged between 18 and 20 from £4.92 to £4.98 per hour; (b) the rate paid to workers aged below 18 who have ceased to be of compulsory school age from £3.64 to £3.68 per hour; and (c) the rate paid to apprentices within the first 12 months of their employment or engagement under Government arrangements or who have not attained the age of 19 from £2.50 to £2.60 per hour , increases the accommodation amount which is applicable where an employer provides a worker with living accommodation from £4.61 to £4.73 for each day that accommodation is provided. Regulation 7 amends regulation 11(3) of the Agency Workers Regulations 2010 so that it refers to the national minimum wage entitlements as prescribed by this instrument. Regulation 8 provides that regulations 3, 5 and 6 do not apply in relation to any pay reference period beginning before 1st October 2011.

http://www.legislation.gov.uk/uksi/2011/2345/contents/made (opens new window)

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No 350 The Agency Workers Regulations (Northern Ireland) 2011

These Regulations come into operation on 5th December 2011 (GB has its’ own set of Regulations which came into operation on 1/10/11) and essentially transpose the EU Directive on Temporary Agency Work. The Regulations provide certain rights for temporary agency workers in relation to basic working and employment conditions. Some rights are available from day one whilst others require a 12 week qualification period, depending on the nature of the right and with whom the responsibility lays, for example, the hirer or the temporary work agency.

http://www.legislation.gov.uk/nisr/2011/350/contents/made (opens new window)

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No. 441  The Labour Relations Agency (Code of Practice on Disciplinary and Grievance Procedures) (Jurisdictions) Order (Northern Ireland) 2011

This Order comes into operation on 1/1/12 and essentially provides for complaints under Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 to be covered as a jurisdiction to which the new Labour Relations Agency Code of Practice on Discipline and Grievance will apply.

This amendment will enable an industrial tribunal to vary an award where there has been an unreasonable failure to comply with the Labour Relations Agency Code of Practice on Disciplinary and Grievance Procedures in respect of complaints brought under regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007. Regulation 51 of the 2007 Regulations enables certain employees and their representatives to make a complaint to an industrial tribunal where they have been subject to detriment for exercising rights and entitlements in the context of a cross-border merger.

The Employment Act (Northern Ireland) 2011 Act inserted a provision into the Industrial relations (Northern Ireland) Order 1992 that permits a tribunal to vary an award by up to 50% where there has been an unreasonable failure to comply with good practices set out in the LRA Code of Practice on Disciplinary and Grievance Procedures. This was qualified by the insertion of a Schedule listing the tribunal jurisdictions to which the provision would apply. It is this Schedule - Schedule 4A of the 1992 Order - in which the omitted provision ought to have been included.

http://www.legislation.gov.uk/nisr/2011/411/made(opens new window)

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