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419 The Disability Discrimination (Employment) Regulations (Northern Ireland) 1996
These Regulations provide for circumstances whereupon treatment of a disabled employee or failure to make a reasonable adjustment is justified: where pay is linked to performance, where there are uniform rates of contribution to an occupational pension scheme regardless of benefits received, where building works complied with (and continue to comply with) the building regulations in relations to disabled access and facilities.
Types of problems
Problems can arise in any workplace. Below are some examples, though not an exhaustive list. Employers, employees and their representatives may find it helpful to refer to the Labour Relations Agency's codes of practice, sample letters, flowcharts and guides. Our service is confidential and all our resources are free of charge to anyone working to prevent or resolve a workplace issue in Northern Ireland.
No.377 Paternity and Adoption leave Regulations (Northern Ireland) 2002
These Regulations relate to rights regarding paternity and adoption leave derived from the Employment (NI) Order 2002 and include qualification for right, taking paternity leave, 1 or 2 consecutive weeks, 56 day window, notification, terms and conditions of employment during leave, right of return, ordinary and additional adoption leave, one person entitlement re: adoption leave, provisions regarding adoption leave etc which largely reflect those relating to paternity.
No 30 The Employment Rights (Increase in Limits) Order (Northern Ireland) 2011
This Order increases, from 13/2/11, the limits applying to certain awards of Industrial Tribunals and other amounts payable under employment legislation as specified in the Schedule to the Order.
No 86 The Work and Families Act (Northern Ireland) 2015 (Commencement, Transitional Provisions and Savings) Order (Northern Ireland) 2015
These Regulations were made on 2/3/15 and provide for The Department for Employment and Learning in exercising their powers under the Work and Families Act (NI) 2015 to detail which components of the legislation will commence on 15/3/15 for the purposes of making regulations and enabling the parents of children expected to be born or placed for adoption from 5/4/15 to avail of shared parental leave and pay and associated entitlements for working parents (see Statutory Rules below – eg SR’s 95-103).
The Employment Act (Northern Ireland) 2016 (Commencement No. 3) Order (Northern Ireland) 2020
This Order brings into operation certain provisions of the Employment Act (Northern Ireland) 2016 on 27th January 2020.
Article 2(a) to (e) commence provisions on early conciliation of employment disputes.
Article 2(f) commences the provision which places an obligation on the Department to review early conciliation.
Article 2(g) and (h) commences the provisions that permits the Department to make regulations which provide that the members of the panel of chairmen of industrial tribunals and Fair Employment Tribunal may be referred to as employment judges.
Article 2(i) commences the provision which prohibits the Labour Relations Agency, or persons appointed by the Agency, from releasing information relating to a worker, employer of a worker, or a trade union, that they hold in the course of performing their functions.
Article 2(j) corrects a small number of references in the Social Security Contributions and Benefits (Northern Ireland) Act 1992, dealing with statutory shared parental pay, which were introduced by the Work and Families Act (Northern Ireland) 2015
Article 2(k) updates legislative references in Schedules 2 and 4 to the Employment (Northern Ireland) Order 2003.
Article 2(l) and (o) gives effect to the dispute resolution repeals in Schedule 3 of the Act.
Article 2(m) and (n) gives effect to Schedules 1 and 2, which respectively, make minor and consequential amendments to existing legislation, and set out how the relevant time limits for bringing a claim will be extended where necessary to provide sufficient time for early conciliation to take place and to ensure that the claimant is not disadvantaged.
No.286 The Corporate Manslaughter and Corporate Homicide (2007 Act) (Commencement) Order (Northern Ireland) 2012
This Order brings into force on 3rd September 2012 section 2(1)(d) of the Corporate Manslaughter and Corporate Homicide Act 2007.
The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020
These Regulations and Rules of Procedure establish requirements in relation to proceedings before industrial tribunals (ITs) and the Fair Employment Tribunal (FET). They revoke and replace earlier regulations and rules which separately dealt with these tribunals. The 2020 Regulations provide a revised and consolidated text for the rules and procedures of the industrial tribunals and the Fair Employment Tribunal while simplifying language and structure, being consistent with better regulation principles. The 2020 Regulations also take account of the introduction of Early Conciliation; in particular setting out the implications arising from the adherence, or non-adherence, to the requirements of Early Conciliation.
The Industrial Court (Membership) (Amendment) Regulations (Northern Ireland) 2022
These Regulations amend the Industrial Court (Membership) Regulations (Northern Ireland) 2011 (the “Membership Regulations”).
Regulation 2 amends regulation 3 of the Membership Regulations by removing a number of the current legislative provisions in relation to members of the Industrial Court (the “Court”) holding and vacating office and replacing those provisions with a reliance on each member’s terms of appointment.
Regulation 3 contains a transitional provision for current members of the Court.
The Court is a non-departmental tribunal body whose main function is to adjudicate on applications relating to the statutory recognition or derecognition of trade unions for collective bargaining purposes, where this cannot be agreed voluntarily.
No 318 Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2012
The Order comes into operation on 10 September 2012 with Article 2 of the 1979 Order providing exceptions to article 5(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (“the 1978 Order”) (questions which relate to spent convictions).