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Landmark Holiday Pay case concluded by UK Supreme Court
The long awaited decision from the Supreme Court in the case of Chief Constable of Police Service of Northern Ireland v Agnew and others [UKSC33] was passed down on the 04/10/2023.
In essence the case was about how to properly calculate holiday pay and how far back claims can go where the amount was miscalculated.
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.
Statement re P&O
A spokesperson for the Labour Relations Agency said: “When it comes to redundancy there are certain rights and responsibilities involved, such as the need to establish appropriate criteria, undertake a fair consultation and procedure. Redundancy payments also need to be considered.The Statutory Parental Bereavement Pay (Administration) Regulations (Northern Ireland) 2022
These Regulations provide for the funding of employers’ liabilities to make payments of statutory parental bereavement pay; they also impose obligations on employers in connection with such payments and confer powers on the Commissioners for Her Majesty’s Revenue and Customs (“the Commissioners”).
Under regulation 3, an employer is entitled to an amount equal to 92 per cent. of payments made by the employer of statutory parental bereavement pay, or the whole of such payments if the employer is a small employer. Regulations 4 to 7 provide for employers to be reimbursed through deductions from income tax, national insurance and other payments that they would otherwise make to the Commissioners, and for the Commissioners to fund payments to the extent that employers cannot be fully reimbursed in this way. Regulation 8 enables the Commissioners to recover overpayments to employers.
Regulation 9 requires employers to maintain records relevant to the payment of statutory parental bereavement pay to employees or former employees, and regulation 10 empowers officers of Revenue and Customs to inspect, copy or remove employers’ payment records.
Regulation 11 requires an employer who decides not to make any, or any further, payments of statutory parental bereavement pay to an employee or a former employee to give that person the details of the decision and the reasons for it. Regulations 12 and 13 provide for officers of Revenue and Customs to determine issues relating to a person’s entitlement to statutory parental bereavement pay. Regulation 14 provides for employers, employment agencies, persons claiming statutory parental bereavement pay and others to furnish information or documents to an officer of Revenue and Customs on request.
Labour Relations Agency launches all new Employer Toolkit for NI businesses
Free advice and document guidance now online…from managing bullying to menopause transition in the workplace
LRA Research Uncovers Lack of Training in NI to Manage Workplace Disputes
Fewer than half of employers in Northern Ireland train managers to prevent or resolve workplace disputes. This was a key finding of research carried out on behalf of the Labour Relations Agency (LRA) by Cardiff Business School.
Early Conciliation Notification Form
The Early Conciliation notification form can be either be downloaded from our website below, or can be collected from either our Belfast office or Regional Office. You can complete the form and post it to either our office in Belfast or our Regional office. The addresses are noted below.
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Labour Relations Agency, Fermanagh Enterprise Ltd and Fermanagh and Omagh District Council to Offer Free ‘Essentials of Employment Legislation’ Event
The Labour Relations Agency, Fermanagh Enterprise Limited and Fermanagh and Omagh District Council have joined forces to offer a free event on the Essentials of Employment Legislation on Tuesday 8 October.