Search Results
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.
Advice on Managing Difficult Conversations
The ability to be able to talk about very sensitive and emotive issues is an integral part of effective line management and can be critical to managing performance, promoting attendance and improving team dynamics. These difficult conversations should not be avoided.
Webinar - Basic Employment Rights for Young People
This short webinar provides a whistle-stop tour of basic employment rights relevant to young people starting out on their employment journey.
Deductions from wages by employers
February 2016
The Wages (Northern Ireland) Order 1988 repealed various Truck Acts 1831 to 1940 and the Payment of Wages Act (Northern Ireland) 1970 and made changes to the law governing the way in which wages were paid.
Webinar - Pregnancy at Work
This short webinar provides a whistle-stop tour of pregnancy at work. It covers notification, arranging cover, health and safety, antenatal care, pregnancy discrimination and returning to work.
Joint Newsletter between the Labour Relations Agency and the Equality Commission for Northern Ireland June 2012
Our second edition examines some key issues and cases that impact on organisations throughout Northern Ireland, including - complying with The Bribery Act (2010); pending changes in employment law in GB, “equality law in GB, ROI and NI - similar but not the same” and assistance for small employers provided by both the Labour Relations Agency and the Equality Commission.
No 58 The Social Security Benefits Up-rating Order (Northern Ireland) 2019
This Order changes key statutory rates over a period from 1/4/19 until 8/4/19.
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…
78 Employer’s Liability (Compulsory Insurance) Exemption Regulations (Northern Ireland) 1998
These Regulations revoke and re-enact (with some changes) the 1975 Regulations of the same name, along with associated Regulations.
6 Employment Rights (Increase of Limits) Order (Northern Ireland) 2000
This Order increases, as from 5/3/00, the limits applying to certain awards of industrial tribunals, and other amounts payable under employment legislation, as specified in the Schedule to the Order. (Increases reflect increases in Retail Price Index from Sept’97-Sept’99).