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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.”
604 Employment Protection (Continuity of Employment) Regulations (Northern Ireland) 1996
These Regulations, as of 2nd February 1997, revoke and replace the Industrial Relations (Continuity of Employment) Regulations of 1994 and relate to maintenance of continuity of employment where a dismissed employee is reinstated or re-engaged in certain circumstances.
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504 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1997
This Order further amends the 1989 Order of the same name which specifies a number of persons or bodies as public authorities for certain purposes and provides for persons who are to be treated for such purposes as the employees of some of those authorities.
Breach of Contract
If an employer fundamentally breaches a contract of employment, it could lead to the employee resigning. If an employee fundamentally breaches a contract of employment he or she could be dismissed.
Apprenticeship
An apprentice is someone who is engaged through an employment contract to undertake a course of training and learning in order to practice a skilled trade or profession.
No.103 The Race Relations (Interest on Awards) (Amendment) Order (Northern Ireland) 2007
This Order amends the 1997 order of the same name by clarifying that cases on which interest is calculated does not include an award in respect of costs, allowances or preparation time.
Suspension
An employer may decide to suspend an employee temporarily from work if they are involved in a disciplinary situation, or for maternity or medical reasons. Usually an employee who is suspended is entitled to their normal pay during their suspension.
549 Disability Discrimination (Guidance on Code of Practice) (Appointed day) Order (Northern Ireland) 1996
This Order stipulates 2nd December 1996 as the date on which this guidance comes into force and addresses the elimination of discrimination in the field of employment against disabled persons or persons who have had a disability.
Rests and breaks
Employees are entitled to breaks for meals and to rest. As far as possible employers should provide breaks, facilities and comfortable surroundings for additional needs such as breastfeeding or expressing milk.