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Pension scheme trustees and directors of trustee companies
Employees who are trustees of an occupational pension scheme (as defined in Section 1 of the Pension Schemes (Northern Ireland) Act 1993) or directors of trustee companies are entitled to reasonable time off with pay to carry out any of their trustee’s duties, or to receive training relevant to those duties.
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.
Garden Leave
Garden leave is a term used to describe a situation whereby an employee who has resigned from their employment or who has been dismissed by the employer is not required to work their notice and instead remains at home during the period of notice.
Bullying and harassment
Everyone should be treated with dignity and respect at work. Bullying or harassment of any kind should not be tolerated.
Economy Minister welcomes new legislation to protect Northern Ireland workers
Economy Minister Diane Dodds has welcomed new employment legislation which will benefit workers across Northern Ireland.
The Employment Rights (Northern Ireland) Order 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order (Northern Ireland) 2021 extends protections against detriment in health and safety cases to workers in relation to any action they may take to protect themselves or others where they reasonably believe there is serious and imminent danger in their place of work.
It will come into operation on 31 May 2021. At present, these protections cover only employees.
The Order must be approved by a resolution of the Assembly within six months of coming into operation. It must therefore be confirmed on or before 31 November 2021.
The move has its origins in a Judicial Review brought by the Independent Workers Union of Great Britain against the Secretary of State for Work and Pensions and the Health and Safety Executive in Great Britain.
A High Court Judgment was published in November which directed that the Health and Safety Framework Directive and the Personal Protection Equipment (PPE) Directive should apply to a wider group of workers, not just employees.
Minister Dodds said: “This Order is about more than about responding appropriately to the decision of a High Court ruling. It will also give clarity to business and individuals.
“As businesses emerge from lockdown, everyone will need to be protected during the transition back to the workplace.
“This Order will allow some of our most vulnerable workers the legal protection they need to act to ensure their own safety and the safety of others without fear of suffering detriment for doing the right thing. This includes protecting them against being denied promotion or training opportunities.”
Hiring young people
There are certain laws that protect the employment rights of young workers. Such laws are around health and safety, what jobs young workers can do, when they can work and how many hours they can work. If you want to employ young people — in some cases, this can include people up to the age of 25 — it is important to be aware of your legal responsibilities.
Working Time Regulations
In addition to the rights outlined around qualifying periods, a number of other rights and responsibilities exist. These relate to rest breaks, the number of hours a worker can be required to work and paid leave.
What we do
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.
Employment Law Revision Day with Mark McAllister
Mark McAllister from the Labour Relations Agency and Scott Alexander from Legal Island discussed the top 10 employment cases of the year, including any updates since our Annual Review of Employment Law conferences in November.