Search Results
1995-1999
Index of employment-related statute (Acts and Orders) 1995-1999
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No 1088 The Transnational Information and Consultation of Employees (Amendment) Regulations 2010
These Regulations were laid before Parliament on 6/4/10 and come into operation on 5/6/11 and essentially they amend the 1999 Regulations which made provision for the establishment of European Works Councils for organisations that met the requisite criteria in terms of size and presence for Community-scale undertakings.
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Legislation
Welcome to the Labour Relations Agency’s employment legislation link pages. We have attempted to collate all relevant employment legislation (Primary and Secondary) on these pages for our users’ ease of reference. Essentially users will get a brief summary of the content of the legislation and then a link to the www.legislation.gov.uk website delivered by the National Archives via www.nationalarchives.gov.uk.
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.
No 242 The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016
These Regulations come into force on 18 June 2016 and extend to Northern Ireland only.
No. 326 The Fixed-Term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations (Northern Ireland) 2008
These Regulations amend the 2002 Regulations by providing for statutory sick pay to be paid to employees who are agency workers on fixed term contracts of less than 3 months duration.
404 The Disability Discrimination Code of Practice (Duties of Trade Organisations to their disabled members and applicants) (Appointed Day) Order (Northern Ireland) 1999
The appointed day for the commencement of this Code is 1/10/99 and as such enacts sections 13-15 of the Disability Discrimination Act 1995.