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No 61 The Employment Rights (Revision of limits) Order (Northern Ireland) 2010
This Order revises from 8/3/10 the limits applying to certain awards by Industrial Tribunals, and another amount payable under employment legislation, as specified in the Schedule to the Order.
Temporary lay-off and short-time working
From time to time employers may experience a temporary shortage of work and it may be necessary to lay-off all or some of their employees in order to preserve long term employment security. If temporary lay-off is being considered there are important aspects of employment and contract law to take into account.
The Employment Rights (Northern Ireland) Order 1996 (Coronavirus, Calculation of a Week's Pay) Regulations (Northern Ireland) 2020 SR 2020 No. 178
This Statutory Rule ensures that various statutory entitlements based on a week's pay and connected with termination of employment are not reduced as a result of an employee being furloughed under the Coronavirus Job Retention Scheme (CJRS).
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.
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.
Insolvency Information Pack
April 2024
- HAVE YOU LOST YOUR JOB?
- IS YOUR EMPLOYER EXPERIENCING FINANCIAL DIFFICULTIES?
- HAS THIS RESULTED IN YOU NOT RECEIVING PAYMENTS OWED E.G. NOTICE/REDUNDANCY PAY, HOLIDAY PAY, WAGES?
- ARE YOU UNSURE OF WHAT YOU SHOULD DO NEXT?
No 102 The Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations (Northern Ireland) 2014
These Regulations come into operation from 1/4/14 and effectively implement Article 8 of the European Directive 2010/41/EU. It provides an entitlement to maternity allowance of 14 weeks for women who participate in their spouse’s or civil partner’s self employed business, but for which they receive no income.