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LRA response to DEL review of the NI employment dispute resolution system
4th September 2009
This paper gives the Agency's response to the Department of Employment and Learning's consultation questions.
No.102 The Industrial Tribunals (Interest on awards in Sex and Disability Discrimination cases) (Amendment) Regulations (Northern Ireland) 2007
These Regulations amend the 1996 Regulations of the same name by clarifying that awards calculated in Sex or Disability discrimination cases on which interest is calculated does not include an award in respect of costs, allowances or preparation time.
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.
425 The Employment Equality (Age) (Amendment) Regulations (Northern Ireland) 2009
These Regulations, although made in 2009, come into operation on 11/1/10.
No 156 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011
These Regulations amend the Sex Discrimination (Northern Ireland) Order 1976 (“the 1976 Order”) to give full effect in Northern Ireland to Articles 2(1)(b) (indirect discrimination) and 17(1) (Defence of rights) of Council Directive 2006/54/EC of 5th July 2006 (“the Directive”) on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast).
Webinar - Conducting Employment Investigations
This webinar will show how to plan and successfully execute an investigation, the legal framework and best practice for carrying out an investigation and will also give information on dealing with difficult issues.
Fair Employment (School Teachers) Act (Northern Ireland) 2022
This legislation was enacted by the Northern Ireland Assembly in 2022 and came into effect on 12th May 2024.
From this date, it will be unlawful to discriminate on the grounds of religious or philosophical belief or political opinion in respectof the recruitment or promotion of teachers in schools in Northern Ireland.
Prior to 2003, FETO, and its predecessors, did not prohibit discrimination on the grounds of religious or philosophical belief or political opinion in relation to any aspect of the employment of school teachers. That was due to the effects of article 71 of FETO, commonly known as the teachers’ exception.
This situation changed through a process that began in 2003 when an EU equality law, Council Directive 2000/78/EC, required the exception to be modified and
narrowed. As a result, and since then, FETO has prohibited discrimination on its equality grounds in relation to most aspects of the employment of teachers in
schools; e.g. in relation to pay, training, absence and performance management,
dismissal, harassment.
Despite that change, FETO’s prohibition of discrimination did not apply to the recruitment or promotion of teachers in schools due to the continuing effects of one part of the article 71 exception that remained.
The remaining gap in coverage was filled on 12 May 2024 with the inrtoduction of this legislation.