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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.
The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 4) Regulations (Northern Ireland) 2020 No. 89
The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 4) Regulations (Northern Ireland) 2020
These Regulations amend the Schedule to the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 (“the 1982 Regulations”). Regulation 2 of the 1982 Regulations provides that a person who is self-isolating in accordance with the Schedule is deemed to be incapable of work.
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.
321 Race Relations (Formal Investigations) Regulations (Northern Ireland) 1997
These Regulations are relevant to notices given in relation to formal investigations under the Race Relations (Northern Ireland) Order 1997 and to non-discrimination notices issued in consequence of such investigations.
The Parental Bereavement Leave Regulations (Northern Ireland) 2022
New legislation providing for parental bereavement leave in Northern Ireland
No 144 The Fair Employment and Treatment Order (Amendment) Regulations (Northern Ireland) 2015
The Regulations, as of 6/4/15, amend Article 70(3) of the Fair Employment and Treatment (Northern Ireland) Order 1998 to comply with an EU Pilot investigation concerning the transposition of Council Directive 2000/78/EC in Northern Ireland.
No 105 The Flexible Working Regulations (Northern Ireland) 2015
These Regulations deal with eligibility, applications, breaches of procedure and compensation in relation to statutory applications for contract variation to allow flexible working under the Employment Rights (Northern Ireland) Order 1996 - (See Article 112f)
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…
The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2023
The Regulations revoke and re-enact the provisions of the Parental Bereavement Leave Regulations (Northern Ireland) 2023. These Regulations provide for a statutory entitlement for bereaved parents who are employees to take up to two weeks’ leave from their job called parental bereavement leave in the 56 weeks following the death of a child.
The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021 (Amendment No. 4) Regulations (Northern Ireland) 2021
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Northern Ireland. Effective from 24/5/21, Regulation 4 introduces an exemption for gatherings in respect of lawful industrial action.