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No 199 (C 12) The Employment Act (Northern Ireland) 2016 (Commencement No. 1) Order (Northern Ireland) 2017
This Commencement Order brings into effect in Northern Ireland, as of 1/10/17, reforms to the Public Interest Disclosure (commonly referred to as the Whistle-Blowing legislation) which have been implemented in Great Britain between 2013 and 2015.
No 223 The Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order (Northern Ireland) 2017
These Rules come into operation on 17/12/17 and they simply amend list at Article 4 of the 2001 Order of persons specified by name as being qualified for appointment as a Qualified Person.
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.
Agency structure
The vision and objectives of the Labour Relations Agency are determined by a Board consisting of a Chair and nine members who are appointed by the Department for the Economy (DfE). Staff are direct employees of the Agency. They receive continuous training and development on changes in employment legislation and employment relations practice and procedures.
Flexible Futures 2024
The Labour Relations Agency, in partnership with Timely Careers, and supported by the Department for the Economy, will host #FlexibleFutures24, a conference examining the case for flexible working, on Thursday 14 March 2024 in Stranmillis College, Belfast.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.
Annual Review of Employment Law - 2020
This page provides the narrative and video links (to part 1 and part 2) of our Annual Review of Employment Law 2020, which has been delivered through a number of partnership events, by our Director of Employment Relations Services, Mark McAllister.
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.
286 (16) The Protection from Harassment (1997 Order) (Commencement No.1) Order (Northern Ireland) 1997
This Order stipulates 17 June 1997 as the date for Articles 2, 3, 4, 5(1) and 5(2), 6, 7, 8, and 9 of the 1997 Order to come into operation.