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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.
No. 56 The Social Security Benefits Up-rating Order (Northern Ireland) 2017
This Order, one of a series of statutory rules relating to the annual up-rating of social security benefits provides for the rates of certain social security benefits, pensions and allowances from various dates in early April 2017.
No. 40 The Social Security Benefits Up-rating Order (Northern Ireland) 2020
This Order alters the rates and amounts of certain social security benefits and other sums from a variety of dates in early April 2020. In relation to employment the rates in these regulations cover - Statutory Sick Pay, Maternity Pay, Paternity pay and Parental pay.
The Employment Rights (Increase of Limits) Order 2024
This Order increases, from 6th April 2024, the limits applying to certain awards of Employment Tribunals, and other sums payable under employment legislation, as specified in the Schedule to this Order.
To access the applicable rates, please click on the link at the bottom of this page
No. 138 The Code of Practice (Time Off for Trade Union Duties and Activities) (Appointed Day) Order (Northern Ireland) 2012
This Order appoints 19th April 2012 as the day upon which the Code of Practice on Time Off for Trade Union Duties and Activities, which is being issued by the Labour Relations Agency (LRA) under Article 90(5) of the Industrial Relations (Northern Ireland) Order 1992, will come into effect.
No 897 The Statutory Sick Pay Percentage Threshold (Revocation, Transitional and Savings Provisions ) (Great Britain and Northern Ireland) Order 2014
This Order comes into operation on 6/4/14 by effectively abolishing the Percentage Threshold Scheme (PTS) which allowed employers to claim reimbursement of their costs when the amount of Statutory Sick Pay (SSP) paid exceeded 13% of their National Insurance contribution liability to Her Majesty's Revenue and Customs (HMRC).
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.
Calculation of Holiday entitlement for Term Time/Part year Workers
The Supreme Court decision handed down in the case of Harpur Trust v Brazel on 20th July 2022 has now provided clarity on how statutory leave entitlement for workers who are described as part year workers (i.e. workers who work for varying hours during only certain weeks of the year but have a continuing contract throughout that year), should be calculated.
Employment Law Revision Day with Mark McAllister
Mark McAllister from the Labour Relations Agency and Scott Alexander from Legal Island discussed the top 10 employment cases of the year, including any updates since our Annual Review of Employment Law conferences in November.
Increase of limits on Tribunal awards and payments under employment rights legislation
The Department for the Economy has made a statutory rule entitled The Employment Rights (Increase of Limits) Order (Northern Ireland) 2023 (legislation.gov.uk).
The Order increases, from 6 April 2023, limits applicable to certain awards and payments under employment rights legislation in line with the Retail Prices Index.
The Department has issued a press release relating to the above changes in limits - https://www.economy-ni.gov.uk/news/department-economy-announces-annual-increase-limits-unfair-dismissal-and-redundancy-payments.
For details on the limits for previous years, please access the following link https://www.legislation.gov.uk/primary+secondary?title=The%20Employment…