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409 Redundancy Payments (Continuity of Employment in Local Government etc) (Modification) Order (Northern Ireland) 1999
This Order comes into effect on 7/11/99 and revokes the 1986 Order of the same name and subsequent provisions, namely the Redundancy Payments (local Government etc) (Modification) Order (Northern Ireland) 1986.
Panel of Arbitrators
The Labour Relations Agency works with a panel of independent arbitrators who specialise in different areas and who will chair an independent appeal panel.
No.91 The Employment (Northern Ireland) Order 2003 (Amendment of Schedules 2,3 and 4) Order (Northern Ireland) 2007
This Order amends the statutory dispute resolution procedures by widening the jurisdictions coverage (see schedules 2, 3 and 4) by adding information and consultation representatives of employees in the context of: European Public limited-liability companies, occupational and personal pension schemes and Information and Consultation of Employees.
No. 571 (C. 39) The Employment Relations (2004 Order) (Commencement No.4 and Transitional Provisions) Order (Northern Ireland) 2005
This is the final implementation order for the Employment Relations (NI) Order 2004 and essentially it brings into effect, as of 8/1/06 the remaining matters not implemented by the previous three commencement orders.
Freedom of Information Policy
This policy explains our approach when dealing with Freedom of Information requests.
Disclosure of information to trade unions for collective bargaining purposes
The Agency has a duty to provide practical guidance on the application of Articles 39 and 40 of the Industrial Relations (Northern Ireland) Order 1992 (“the 1992 Order”) in relation to the disclosure of information by employers to trade unions for the purpose of collective bargaining.
386 Working Time Regulations (Northern Ireland) 1998
The Regulations implement a European Directive relevant to working time which cover an array of matters including the following: maximum average weekly working time, average normal hours of night workers, health assessments for night workers, rest breaks, records, weekly rest, paid annual leave, exemptions, right to take a claim to Industrial Tribunals and so on.
No. 50 The Disability Discrimination Code of Practice (Goods, Facilities, Services and Premises) (Appointed Day) Order (Northern Ireland) 2004
Under Article 54A of the Disability Discrimination Act 1995, the Equality Commission for Northern Ireland may prepare and issue codes of practice giving practical guidance: to - employers, service providers; to - promote equality of opportunity, encourage good practice in the field of employment and in access to goods, facilities services and premises. (01/03/04)
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.