Search Results
No 30 Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment, and Miscellaneous Provisions) Order (Northern Ireland)
This order makes significant changes to the 2007 Order in a wide variety of areas from the definition of a regulated activity, disclosures to police and many other detailed functional and general amendments.
No 1894 The National Minimum Wage Regulations 1999 (Amendment) Regulations 2008
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.
219 (9) The Disability Discrimination Act 1995 (Commencement No. 2) Order (Northern Ireland) 1996
This Order stipulates 30th May 1996 as the day in which various components of the 1995 Act come into operation including issues such as: definition of disability, past disabilities, guidance, definitions of lease/sub-lease/sub-tenancy, advice and assistance, statutory authority, national security, restrictions on publicity in Industrial Tribunals, interpretation, supplementary provisions and so on.
The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2019
This instrument amends the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (“the 1979 Order”) to give effect to changes to a criminal record ‘filtering scheme’ that allows some old and minor spent convictions to be ‘filtered, so that they are no longer disclosed and cannot be taken into account in employment decisions in certain circumstances. The 1978 Order makes it possible for certain convictions to become “spent”, which means that after a specified period a person can be treated for certain purposes as if the conviction had never happened and they need not, for example, tell an employer about the conviction when applying for a job.
To ensure that the public is adequately protected, however, certain exceptions to the 1978 Order are set out in the 1979 Order so that, for specified professions and occupations that typically involve a high degree of trust and often involve vulnerable persons, applicants must declare all past convictions when asked. The 1979 Order is amended periodically to ensure that the access to the criminal record disclosure regime keeps pace with changes in public risk; to ensure that disclosure regimes remain consistent across jurisdictions where appropriate; and to maintain the public trust and protection process.
This Order, the Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2019 (“the 2019 Order”), stems from a Supreme Court judgment, which ruled that elements of the criminal record ‘filtering scheme’ operated by the Department of Justice were disproportionate. The ‘filtering scheme’ was established in 2014 following a review of the criminal records regime in Northern Ireland that was carried out by Sunita Mason during 2011, which recommended that the Department of Justice should filter old and minor convictions from standard and enhanced criminal record certificates; and to take account of the findings of two court cases concerning the disclosure of criminal record material at that time.
The terms of the scheme are that a conviction can be filtered after a period of 11 years (or 5.5 years for those under 18 at the time of the conviction), so long as the conviction was not for a specified offence as listed in the 1979 Order (e.g. serious violent and sexual offences; or offences of specific relevance for posts concerned with safeguarding children and vulnerable adults; etc.); did not attract a custodial sentence; and if there is no other conviction on the individual’s record.
The Supreme Court found that limiting the filtering scheme to a single offence, with the result that more than one old and minor conviction would be disclosed automatically, was disproportionate. The Department has, therefore, adjusted the terms of the scheme to allow more than one offence to be filtered in order to comply with the judgment.
The 2019 Order gives effect to this change by amending the 1979 Order to remove Article 1A(2)(c), which restricted the terms of the filtering scheme to a single conviction. The Department is satisfied that public protection is maintained, however, as the remaining elements of the filtering scheme will continue to ensure that there is no increased risk to the public as a result of this change.
Flexible working - the essence of a ‘good job’?
“Redefining the concept of a ‘good’ job, which embraces flexibility in all its forms, is a necessity if we’re to achieve a more inclusive and productive economy.”
Labour Relations Agency, Fermanagh Enterprise Ltd and Fermanagh and Omagh District Council to Offer Free ‘Essentials of Employment Legislation’ Event
The Labour Relations Agency, Fermanagh Enterprise Limited and Fermanagh and Omagh District Council have joined forces to offer a free event on the Essentials of Employment Legislation on Tuesday 8 October.
Upcoming Events in the North West
The Labour Relations Agency, in conjunction with the Ulster University Law Society - Magee, present the following events in March and April in the North West.
SSP Entitlement Northern Ireland – Temporary Extension
Temporary changes were made to the SSP Regulations effective from 14th December 2020 to deal with the exceptional circumstances faced by employers and employees in relation to Covid related illness.
From ‘Banter’ to ‘Abuse’?
- New Guide aims to Eradicate Sexual Harassment in the Workplace
New Beginnings for the Labour Relations Agency
A new year brings new beginnings for The Labour Relations Agency (LRA) which recently moved from its former home in the iconic Cathedral Quarter of Belfast – its base for 25 years.