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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.
Surrogate Parent leave
A surrogate parent may be eligible to Statutory Adoption Leave and Pay from 5 April 2015, provided that:
Garden Leave
Garden leave is a term used to describe a situation whereby an employee who has resigned from their employment or who has been dismissed by the employer is not required to work their notice and instead remains at home during the period of notice.
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.
Public holidays and bank holidays
Employees are not automatically entitled to paid time off for bank and public holidays.
No 90 The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Parental Order Cases) Regulations (Northern Ireland) 2015
These Regulations modify requirements in the 1992 Act to provide that an employee who has a baby with the help of a surrogate and is a parental order parent may be entitled to statutory adoption pay, statutory paternity pay or statutory shared parental pay if they meet the eligibility requirements.
Unfair dismissal claim
There are several ways a dismissal could be considered unfair.
Discrimination when hiring
Fair treatment is not just a moral and legal obligation but makes good business sense. Employers who treat employees fairly will be best placed to recruit and retain staff in an increasingly diverse and competitive labour market.
Warnings and other disciplinary action
Warnings in the workplace should be part of a disciplinary process and they should be designed to allow employees to change a particular behaviour within a given timeframe. They should be given as quickly as possible after the behaviour occurs. Any sanctions should be proportionate to the alleged offence.