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The Employment Act (Northern Ireland) 2016 (Commencement No. 3) Order (Northern Ireland) 2020
This Order brings into operation certain provisions of the Employment Act (Northern Ireland) 2016 on 27th January 2020.
Article 2(a) to (e) commence provisions on early conciliation of employment disputes.
Article 2(f) commences the provision which places an obligation on the Department to review early conciliation.
Article 2(g) and (h) commences the provisions that permits the Department to make regulations which provide that the members of the panel of chairmen of industrial tribunals and Fair Employment Tribunal may be referred to as employment judges.
Article 2(i) commences the provision which prohibits the Labour Relations Agency, or persons appointed by the Agency, from releasing information relating to a worker, employer of a worker, or a trade union, that they hold in the course of performing their functions.
Article 2(j) corrects a small number of references in the Social Security Contributions and Benefits (Northern Ireland) Act 1992, dealing with statutory shared parental pay, which were introduced by the Work and Families Act (Northern Ireland) 2015
Article 2(k) updates legislative references in Schedules 2 and 4 to the Employment (Northern Ireland) Order 2003.
Article 2(l) and (o) gives effect to the dispute resolution repeals in Schedule 3 of the Act.
Article 2(m) and (n) gives effect to Schedules 1 and 2, which respectively, make minor and consequential amendments to existing legislation, and set out how the relevant time limits for bringing a claim will be extended where necessary to provide sufficient time for early conciliation to take place and to ensure that the claimant is not disadvantaged.
Escalating unresolved issues
Some issues in the workplace cannot be resolved informally so it is important that there is a fair and clear escalation process where each side meets their responsibilities. The Labour Relations Agency can offer information, flowcharts and codes of practice to help. We also offer confidential and impartial conciliation, mediation and arbitration services to help parties resolve issues without needing to go to tribunal.
The Agency is a public body with statutory responsibilities so there is no charge for our services.
Deducting training costs from final pay
This section covers deducting training costs from final pay.
280 (13) The Disability Discrimination Act 1995 (Commencement No. 3 and Saving and Transitional Provisions) Order (Northern Ireland) 1996
This Order stipulates 11th July 1996 as the day in which further components of the 1995 Act come into operation of a Code of Practice relating to help for persons suffering discrimination, and on 2nd December 1996 provides for: discrimination against applicants and employees, meaning of discrimination, duty of employer to make adjustments, small business exemption, enforcement, remedies, discriminatory adverts, discrimination against contract workers, discrimination by trade organisations (as defined), alterations to premises under lease, discrimination in relation to goods, facilities and services, small dwelling exemptions, victimisation, aiding unlawful acts, liability of employers and so on.
Health & Safety at Work
Employers have a duty to protect their employees and visitors from harm. They must do risk assessments and they must report any serious incidents to the Health and Safety Executive for Northern Ireland. Employees are expected to take reasonable care of their own health and safety.
Time off for trade union duties and activities
An employee who is an official of an independent trade union is entitled to paid time off in certain circumstances.
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.
No.47 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2008
This Order, increases as of 2/3/08, the limits applying to certain awards of Industrial Tribunals, and other amounts payable under employment legislation.
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).
The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020
These Regulations and Rules of Procedure establish requirements in relation to proceedings before industrial tribunals (ITs) and the Fair Employment Tribunal (FET). They revoke and replace earlier regulations and rules which separately dealt with these tribunals. The 2020 Regulations provide a revised and consolidated text for the rules and procedures of the industrial tribunals and the Fair Employment Tribunal while simplifying language and structure, being consistent with better regulation principles. The 2020 Regulations also take account of the introduction of Early Conciliation; in particular setting out the implications arising from the adherence, or non-adherence, to the requirements of Early Conciliation.