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No 79 (C.7) The Employment Act (Northern Ireland) 2016 (Commencement No 2) Order (Northern Ireland) 2018
This legislation becomes operational from 29/3/18 and makes changes regarding the provisions on the indexation of certain employment rights awards.
No 156 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011
These Regulations amend the Sex Discrimination (Northern Ireland) Order 1976 (“the 1976 Order”) to give full effect in Northern Ireland to Articles 2(1)(b) (indirect discrimination) and 17(1) (Defence of rights) of Council Directive 2006/54/EC of 5th July 2006 (“the Directive”) on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast).
No. 120 Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002
This Order details the provisions of the Unfair Dismissal Arbitration Scheme (UDAS) as facilitated by the Labour Relations Agency.
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.
10X REASONS (AND MORE) FOR GOOD EMPLOYMENT RELATIONS – A CONFERENCE
There are many reasons for ensuring good employment relations, not least because they are key to organisational success. Above all, if employers get this right, it will help lead to the inclusive and thriving ‘10X economy’ that is the economic vision for Northern Ireland.
This major stakeholder conference brings together employers, HR professionals, trade unionists and others to explore how we create a framework of best practice that will help turn the vision for a 10X economy into a reality through good employment relations.
320 Race Relations (Interest on Awards) Order (Northern Ireland) 1997
This Order makes provision in relation to interest on awards and compensation orders in the context of race relations and it addresses issues such as day to day accrual, calculation, rule departure, written details and so on.
No. 206 The Labour Relations Agency (Flexible Working) Arbitration Scheme Order (Northern Ireland) 2006
This Order establishes and brings into operation the flexible Working Arbitration Scheme as facilitated by the Labour Relations Agency.
No. 68 The Local Government Reorganisation (Compensation for Loss of Employment) Regulations (Northern Ireland) 2015
These Regulations come into operation on 1/4/15 and the purpose of the Regulations is to provide new councils with the mechanism in which to compensate those persons who suffer loss of employment due to local government reorganisation.
The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 2) Regulations (Northern Ireland) 2020
The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations (Northern Ireland) 2020 amend regulation 2(1) to provide that a person who is isolating himself from others in accordance with advice on coronavirus disease effective on 12th March 2020 is deemed to be incapable of work. These Regulations amend that date to 16th March 2020.
148 Fair Employment (Monitoring) Regulations (Northern Ireland) 1999
These Regulations revoke and remake (with amendments) the provisions of the Fair Employment (Monitoring) Regulations (Northern Ireland) 1989.