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SSP Entitlement Northern Ireland – Temporary Extension
Temporary changes were made to the SSP Regulations effective from 14th December 2020 to deal with the exceptional circumstances faced by employers and employees in relation to Covid related illness.
No 37 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2016
This Order comes into operation on 14/2/16 and effectively changes calculation and limits figures for things such as a week’s pay for the purposes of statutory redundancy pay and unfair dismissal calculation.
No 317 The Work and Families (Increase of Maximum Amount) Order (Northern Ireland) 2009
This Order comes into effect on 1/10/09 and has the main purpose of increasing the maximum weekly amount used for the purposes of calculating certain awards by the Industrial Tribunal from £350 to £380. This is commonly referred to as the “capped weeks pay” for the purposes of unfair dismissal and redundancy pay calculations.
The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2019
This instrument amends the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (“the 1979 Order”) to give effect to changes to a criminal record ‘filtering scheme’ that allows some old and minor spent convictions to be ‘filtered, so that they are no longer disclosed and cannot be taken into account in employment decisions in certain circumstances. The 1978 Order makes it possible for certain convictions to become “spent”, which means that after a specified period a person can be treated for certain purposes as if the conviction had never happened and they need not, for example, tell an employer about the conviction when applying for a job.
To ensure that the public is adequately protected, however, certain exceptions to the 1978 Order are set out in the 1979 Order so that, for specified professions and occupations that typically involve a high degree of trust and often involve vulnerable persons, applicants must declare all past convictions when asked. The 1979 Order is amended periodically to ensure that the access to the criminal record disclosure regime keeps pace with changes in public risk; to ensure that disclosure regimes remain consistent across jurisdictions where appropriate; and to maintain the public trust and protection process.
This Order, the Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2019 (“the 2019 Order”), stems from a Supreme Court judgment, which ruled that elements of the criminal record ‘filtering scheme’ operated by the Department of Justice were disproportionate. The ‘filtering scheme’ was established in 2014 following a review of the criminal records regime in Northern Ireland that was carried out by Sunita Mason during 2011, which recommended that the Department of Justice should filter old and minor convictions from standard and enhanced criminal record certificates; and to take account of the findings of two court cases concerning the disclosure of criminal record material at that time.
The terms of the scheme are that a conviction can be filtered after a period of 11 years (or 5.5 years for those under 18 at the time of the conviction), so long as the conviction was not for a specified offence as listed in the 1979 Order (e.g. serious violent and sexual offences; or offences of specific relevance for posts concerned with safeguarding children and vulnerable adults; etc.); did not attract a custodial sentence; and if there is no other conviction on the individual’s record.
The Supreme Court found that limiting the filtering scheme to a single offence, with the result that more than one old and minor conviction would be disclosed automatically, was disproportionate. The Department has, therefore, adjusted the terms of the scheme to allow more than one offence to be filtered in order to comply with the judgment.
The 2019 Order gives effect to this change by amending the 1979 Order to remove Article 1A(2)(c), which restricted the terms of the filtering scheme to a single conviction. The Department is satisfied that public protection is maintained, however, as the remaining elements of the filtering scheme will continue to ensure that there is no increased risk to the public as a result of this change.
Wider list of healthcare professionals to sign fit notes from July 2022
The list of those who can sign Fit Notes will change from 1 July 2022 to include registered nurses, occupational therapists, pharmacists and physiotherapists, in addition to doctors. Find the legislation here.
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.
Labour Relations Agency’s New North West Office Open for Business
The Labour Relations Agency has moved to a new location in Derry/Londonderry’s Richmond Chambers in The Diamond. The more accessible city centre office has newly refurbished seminar and meeting rooms for the delivery of the Agency’s dispute resolution and advisory services.
Business Growth on the Menu for Labour Relations Agency Breakfast and Networking Event
The Labour Relations Agency is inviting employers in the North West to come to a free breakfast event on 30 January 2019 at 80/81 Ebrington Square, L’Derry.
287 Code of Practice (Redundancy Consultation and Procedures) (Appointed Day) Order (Northern Ireland) 1998
This Order stipulates 1st October 1998 as the date thereupon the Code comes into effect.
104 Race Relations (Complaints to Industrial Tribunals) (Armed Forces) Regulations (Northern Ireland) 1998
These Regulations (effective as of 17 April 1998) detail when an individual can bring a complaint to an Industrial Tribunal in respect of service with the armed forces.