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The Industrial Court (Membership) (Amendment) Regulations (Northern Ireland) 2022
These Regulations amend the Industrial Court (Membership) Regulations (Northern Ireland) 2011 (the “Membership Regulations”).
Regulation 2 amends regulation 3 of the Membership Regulations by removing a number of the current legislative provisions in relation to members of the Industrial Court (the “Court”) holding and vacating office and replacing those provisions with a reliance on each member’s terms of appointment.
Regulation 3 contains a transitional provision for current members of the Court.
The Court is a non-departmental tribunal body whose main function is to adjudicate on applications relating to the statutory recognition or derecognition of trade unions for collective bargaining purposes, where this cannot be agreed voluntarily.
Sharp rise in redundancy enquiries to the Labour Relations Agency
Our Workplace Information Service have observed a notable surge in enquiries from both employees and employers regarding redundancy.
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.
New rates for National Minimum Wage and National Living Wage
From the 1st of April 2024, the changes in respect of the above are as follows:
* If you are 21 and over, you will be entitled to £11.44 per hour (National Living Wage)
* If you are between 18-20, you are entitled to £8.60
* If you are under 18 or an Apprentice, you will be entitled to £6.40
Please note that to avail of the National Minimum Wage you must be at least of school leaving age
In Northern Ireland this means If you turn 16 during the school year (between the 1st of September and the 1st of July) you can leave school after the 30th of June.
If you turn 16 between 2 July and 31 August you can’t leave school until 30 June the following year.
You can access the relevant legislation by clicking on the link below
https://www.legislation.gov.uk/uksi/2024/432/made
The Statutory Parental Bereavement Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2022
These Regulations relate to the treatment under Part 12ZD of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 of persons abroad, persons who work as mariners and persons who work on the continental shelf. The effect is that certain persons who would otherwise not fulfil the qualifying conditions for entitlement to statutory parental bereavement pay because of the nature of their employment or the fact that they are outside the United Kingdom will have an entitlement to such pay.
Regulation 4 limits the application of the Regulations to cases where the person would be treated as an employee under Part 12ZD of the Act if the employment were in Northern Ireland.
Regulation 5 provides for a person who is absent from Northern Ireland but in respect of whom an employer has secondary Class 1 national insurance contribution liability to be treated as an employee for the purposes of the Part 12ZD.
Regulation 6 relaxes any time limit imposed by Part 12ZD of the Act or regulations made under it in relation to a person who cannot comply with the time limit because that person is outside the United Kingdom.
Regulation 7 treats certain classes of mariners as employees for the purposes of Part 12ZD and regulation 8 makes corresponding provision for persons working on the continental shelf
Amendment to the Working Time Regulations - Pay and Carryover of holidays
The Working Time (Amendment) Regulations (Northern Ireland) 2023 came into force on 1st January 2024 and set out the legal obligations on carry over of holiday and what constitutes pay for the purposes of calculating holiday pay.
Labour Relations Agency Tees Off Event on Hiring Seasonal Staff
Employers in the Causeway Coast and Glens area, who plan to hire seasonal staff during the 148th British Open golf tournament, are invited to attend a free event jointly hosted by the Labour Relations Agency (LRA) and local Council.
New rates for statutory payments in force from April 2024.
From April 2024 a number of statutory payment rates increase for the 2024-25 financial year.
Below are the links which relate to the changes in respect of Social Security Benefits and the increases in limits to the Employment Rights Order.
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…
409 Redundancy Payments (Continuity of Employment in Local Government etc) (Modification) Order (Northern Ireland) 1999
This Order comes into effect on 7/11/99 and revokes the 1986 Order of the same name and subsequent provisions, namely the Redundancy Payments (local Government etc) (Modification) Order (Northern Ireland) 1986.