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Fair Employment (School Teachers) Act (Northern Ireland) 2022
This legislation was enacted by the Northern Ireland Assembly in 2022 and came into effect on 12th May 2024.
From this date, it will be unlawful to discriminate on the grounds of religious or philosophical belief or political opinion in respectof the recruitment or promotion of teachers in schools in Northern Ireland.
Prior to 2003, FETO, and its predecessors, did not prohibit discrimination on the grounds of religious or philosophical belief or political opinion in relation to any aspect of the employment of school teachers. That was due to the effects of article 71 of FETO, commonly known as the teachers’ exception.
This situation changed through a process that began in 2003 when an EU equality law, Council Directive 2000/78/EC, required the exception to be modified and
narrowed. As a result, and since then, FETO has prohibited discrimination on its equality grounds in relation to most aspects of the employment of teachers in
schools; e.g. in relation to pay, training, absence and performance management,
dismissal, harassment.
Despite that change, FETO’s prohibition of discrimination did not apply to the recruitment or promotion of teachers in schools due to the continuing effects of one part of the article 71 exception that remained.
The remaining gap in coverage was filled on 12 May 2024 with the inrtoduction of this legislation.
The Industrial Tribunals and Fair Employment Tribunal (Early Conciliation: Exemptions and Rules of Procedure) Regulations (Northern Ireland) 2020
The Employment Act (Northern Ireland) 2016 amended the Industrial Tribunals (Northern Ireland) Order 1996 and the Fair Employment and Treatment (Northern Ireland) Order 1998 to introduce a requirement for prospective claimants to contact the Labour Relations Agency before they are able to present a claim to an industrial tribunal or the Fair Employment Tribunal. This requirement applies to claims which are relevant proceedings under Article 20(1) of the Industrial Tribunals Order or Article 38 of the Fair Employment and Treatment Order.
Regulation 3 sets out the circumstances in which a claimant may present a claim dealing with relevant proceedings without complying with the requirement for early conciliation.
The exemption in regulation 3(1)(a) relates to claimants who are presenting a claim on the same claim form as other claimants or joining a claim which has already been presented to an industrial tribunal or the Fair Employment Tribunal by another claimant (so called ‘multiples’); in such circumstances, a claimant may rely upon the fact that another claimant has complied with the requirement for early conciliation and has a certificate from the Agency.
The exemption in regulation 3(1)(b) means that if a claim for relevant proceedings appears on the same claim form as proceedings which are not relevant proceedings, there is no need for a claimant to satisfy the early conciliation requirement in relation to those relevant proceedings.
No 149 The Maternity Allowance (Curtailment) Regulations (Northern Ireland) 2015
These Regulations enable a woman to end her Maternity Allowance early so that an eligible person (a spouse, civil partner, partner or the child’s father) can take the remaining number of untaken weeks of Maternity Allowance as shared parental pay and/or shared parental leave.
Economy Minister welcomes new legislation to protect Northern Ireland workers
Economy Minister Diane Dodds has welcomed new employment legislation which will benefit workers across Northern Ireland.
The Employment Rights (Northern Ireland) Order 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order (Northern Ireland) 2021 extends protections against detriment in health and safety cases to workers in relation to any action they may take to protect themselves or others where they reasonably believe there is serious and imminent danger in their place of work.
It will come into operation on 31 May 2021. At present, these protections cover only employees.
The Order must be approved by a resolution of the Assembly within six months of coming into operation. It must therefore be confirmed on or before 31 November 2021.
The move has its origins in a Judicial Review brought by the Independent Workers Union of Great Britain against the Secretary of State for Work and Pensions and the Health and Safety Executive in Great Britain.
A High Court Judgment was published in November which directed that the Health and Safety Framework Directive and the Personal Protection Equipment (PPE) Directive should apply to a wider group of workers, not just employees.
Minister Dodds said: “This Order is about more than about responding appropriately to the decision of a High Court ruling. It will also give clarity to business and individuals.
“As businesses emerge from lockdown, everyone will need to be protected during the transition back to the workplace.
“This Order will allow some of our most vulnerable workers the legal protection they need to act to ensure their own safety and the safety of others without fear of suffering detriment for doing the right thing. This includes protecting them against being denied promotion or training opportunities.”
Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022
An Act to make provision about leave and pay for employees whose children have died or who have experienced a miscarriage.
Changes to Fit Note requirements in Northern Ireland
The requirements for doctors fit notes in Northern Ireland have been amended to remove the need for a doctor to produce a fit note in ink. The change becomes live from the 6th April 2022.
The Department For Communities have explained the change here.
The legislation for the change can be found here or on our dedicated legislation pages on this website. (click the legislation button at the top of this page)
No 159 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2008
These Regulations make a variety of amendments to our anti-discrimination legislation as it pertains to gender and pregnancy only. As a result there is no longer a requirement for a comparator who is not pregnant when a woman is pursuing a case of discrimination on the grounds of pregnancy or maternity leave.
National Minimum Wage Changes 2020
The National Minimum Wage (Amendment) Regulations 2020
These Regulations are the annual amendments to the National Minimum Wage legislation which has existed since 1999 and they come into effect on 1/4/20.
The National Minimum Wage (Amendment) (No. 2) Regulations 2020
The purpose of these regulations is to reduce burdens on businesses employing salaried staff (those paid an annual salary in equal instalments) from complying with the NMW rules, without removing protections or benefits for workers.
242 Suspension from Work on Maternity Grounds (Merchant Shipping and Fishery Vessels) Order (Northern Ireland) 1998
These Regulations require that in certain circumstances new or expectant mothers shall be suspended from work for health and safety reasons.