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No 42 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2020
This Order increases, from 6th April 2020, the limits applying to certain awards of industrial tribunals, the Fair Employment Tribunal or Labour Relations Agency statutory arbitration. Examples of these rates include the maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or various awards, including the basic or additional award of compensation for unfair dismissal is now £560. The limit on amount of guarantee payment payable to an employee in respect of any day is now £30.00. The other rates can be found in the Schedule to the Order.
Who is an employee?
There are differences between ‘employees’, ‘workers’ and ‘contractors’. These differences in status can affect rights and responsibilities in the workplace.
Events
Our events ensure that you are up to date with the changes in employment relations in Northern Ireland. There is no charge for attending any of the Agency's seminars, briefings or workshops.
2016-Present
Index of employment-related statute (Acts and Orders) 2016-Present
Purpose
Our purpose is to improve employment relations, promote best employment practice and resolve workplace disputes through the delivery of high quality, impartial and independent services.
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.
Rights and responsibilities
Both employers and employees have certain rights and responsibilities towards each other. Some will apply to everyone in the workplace, while others will be dependent on the individual’s working status.
425 The Employment Equality (Age) (Amendment) Regulations (Northern Ireland) 2009
These Regulations, although made in 2009, come into operation on 11/1/10.
We Are Moving!
On 6 December 2022, the Labour Relations Agency moved its Head Office to James House, 2-4 Cromac Avenue, the Gasworks, at the bottom of Belfast's Ormeau Road. Our Regional Office remains at Richmond Chambers, The Diamond, Derry/L'Derry. Read more here.
Please note that phone numbers (03300 555 300 and 03300 552 220) and email addresses will remain the same.
However, there is a wealth of guides and resources on our website which may still have our old Gordon Street address. We are working our way through these to update them with the new address.
No 60 The Health and Safety (Fees) Regulations (Northern Ireland) 2010
These Regulations revoke and re-enact the 2009 Regulations and come into effect from 1/4/10.