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No 105 The Flexible Working Regulations (Northern Ireland) 2015
These Regulations deal with eligibility, applications, breaches of procedure and compensation in relation to statutory applications for contract variation to allow flexible working under the Employment Rights (Northern Ireland) Order 1996 - (See Article 112f)
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The Labour Relations Agency provides free, impartial and confidential services to employers, employer bodies, employees and workers in Northern Ireland, as well as Trade Unions, HR and legal professionals.
No 221 The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations (Northern Ireland) 2010
These Regulations come into operation on 18/7/10 and amend the original 2003 Regulations by extending the scope of the right to request a contract variation to employees who have caring responsibilities for children under the age of 17.
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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.
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Our role is to improve employment relations in Northern Ireland and our core business is the delivery of responsive advisory and dispute resolution 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.
No. 439 (C.22) The Disability Discrimination Act 1995 (commencement No.8) Order (Northern Ireland) 2001
This Order provides for certain powers and interpretation matters contained in S.27 and Schedule 4 of the Disability Discrimination Act (1996) eg – reasonable adjustments by service provides, alterations to leased premises and so on.
1977-1994
Index of employment-related statute (Acts and Orders) 1977-1994
196 (C.18) The Disability Discrimination Act 1995 (Commencement No. 6) Order (Northern Ireland) 1999
This Order provides for the implementation of further components of the 1995 Act, specifically sections: 19(1) (6), 20 (2), (5), (9) and 21 (1), 2 (d), (4), (6) and (10) which relate to the duty on providers of service to make adjustments.