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Über Decision Significant for Other Gig Workers, Says Labour Relations Agency
The Labour Relations Agency (LRA) has described today’s (19 February 2021) Supreme Court judgment affecting Über drivers, as a landmark decision.
No 465 The National Minimum Wage (Amendment) Regulations 2017
These Regulations amend the National Minimum Wage Regulations 2015 and come into force on 1st April 2017. The new April date replaces the old October 1 date from now on.
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.
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.
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. 56 The Social Security Benefits Up-rating Order (Northern Ireland) 2017
This Order, one of a series of statutory rules relating to the annual up-rating of social security benefits provides for the rates of certain social security benefits, pensions and allowances from various dates in early April 2017.
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.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.
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.
No 480 The Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2008
This Order amends the 2004 Order of the same name by amending the list of public authorities covered under Part VII of the Fair Employment and Treatment (Northern Ireland) Order 1998.