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EARLY CONCILIATION COMING TO NI 27 JANUARY 2020
Following a change in employment law, the Labour Relations Agency will provide a new service to employees, employers, and their representatives.
No 87 The Paternity and Adoption Leave (Amendment) Regulations (Northern Ireland) 2015
The purpose of these Regulations is to amend the Paternity and Adoption Leave Regulations (Northern Ireland) 2002 (“the 2002 Regulations”) to take account of the policy changes being brought forward in association with the Work and Families Act (Northern Ireland) 2015.
321 Race Relations (Formal Investigations) Regulations (Northern Ireland) 1997
These Regulations are relevant to notices given in relation to formal investigations under the Race Relations (Northern Ireland) Order 1997 and to non-discrimination notices issued in consequence of such investigations.
No 157 The Cross-Border mediation Regulations (Northern Ireland) 2011
Although these Regulations do not specifically relate to employment there are aspects of them that could apply in an employment dispute which is cross border between Northern Ireland and the Republic of Ireland.
No 144 The Fair Employment and Treatment Order (Amendment) Regulations (Northern Ireland) 2015
The Regulations, as of 6/4/15, amend Article 70(3) of the Fair Employment and Treatment (Northern Ireland) Order 1998 to comply with an EU Pilot investigation concerning the transposition of Council Directive 2000/78/EC in Northern Ireland.
Index Of Employment Related Statutes For Northern Ireland
An Index of Employment Related Statutes for Northern Ireland categorised by year.
The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2022
Additional legislation amending subordinate legislation for the provision of parental bereavement leave and pay in Northern Ireland
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 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. 206 The Labour Relations Agency (Flexible Working) Arbitration Scheme Order (Northern Ireland) 2006
This Order establishes and brings into operation the flexible Working Arbitration Scheme as facilitated by the Labour Relations Agency.