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The Industrial Court (Membership) (Amendment) Regulations (Northern Ireland) 2022
These Regulations amend the Industrial Court (Membership) Regulations (Northern Ireland) 2011 (the “Membership Regulations”).
Regulation 2 amends regulation 3 of the Membership Regulations by removing a number of the current legislative provisions in relation to members of the Industrial Court (the “Court”) holding and vacating office and replacing those provisions with a reliance on each member’s terms of appointment.
Regulation 3 contains a transitional provision for current members of the Court.
The Court is a non-departmental tribunal body whose main function is to adjudicate on applications relating to the statutory recognition or derecognition of trade unions for collective bargaining purposes, where this cannot be agreed voluntarily.
The Employment Rights (Increase of Limits) Order 2024
This Order increases, from 6th April 2024, the limits applying to certain awards of Employment Tribunals, and other sums payable under employment legislation, as specified in the Schedule to this Order.
To access the applicable rates, please click on the link at the bottom of this page
The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020
These Regulations and Rules of Procedure establish requirements in relation to proceedings before industrial tribunals (ITs) and the Fair Employment Tribunal (FET). They revoke and replace earlier regulations and rules which separately dealt with these tribunals. The 2020 Regulations provide a revised and consolidated text for the rules and procedures of the industrial tribunals and the Fair Employment Tribunal while simplifying language and structure, being consistent with better regulation principles. The 2020 Regulations also take account of the introduction of Early Conciliation; in particular setting out the implications arising from the adherence, or non-adherence, to the requirements of Early Conciliation.
No 100 The Employment Rights (Northern Ireland) Order 1996 (Application of Articles 107A, 107B, 107G, 107I, 112A and 112B to Parental Order Cases) Regulations (Northern Ireland) 2015
These Regulations come into operation on 15/3/15 and they apply to and modify existing powers in the 1996 Employment Rights (NI) Order to allow the making of regulations to give an employee who meets the eligibility criteria entitlement to statutory adoption leave, paternity leave and shared parental leave if that employee has a child born with the help of a surrogate and the employee is a parental order parent.
Increase of limits on Tribunal awards and payments under employment rights legislation
The Department for the Economy has made a statutory rule entitled The Employment Rights (Increase of Limits) Order (Northern Ireland) 2023 (legislation.gov.uk).
The Order increases, from 6 April 2023, limits applicable to certain awards and payments under employment rights legislation in line with the Retail Prices Index.
The Department has issued a press release relating to the above changes in limits - https://www.economy-ni.gov.uk/news/department-economy-announces-annual-increase-limits-unfair-dismissal-and-redundancy-payments.
For details on the limits for previous years, please access the following link https://www.legislation.gov.uk/primary+secondary?title=The%20Employment…
No 169 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2015
This Order comes into operation on 22/3/15 and essentially it revises the limits on awards and payments under certain employment rights legislation in line with the rate of inflation.
No 213 The Time Off to Attend Adoption Appointments (Prospective Adopters) Regulations (Northern Ireland) 2015
These Regulations come into operation on 5/4/15 and essentially they establish conditions under which approved foster parents who are approved prospective adopters can access these rights, and provide that Articles 85ZJ, 85ZL, 85ZN and 85ZP are to be read as referring to 'fostering for adoption' arrangements.
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.
274 (C.10) Employment Rights (Dispute Resolution) (1998 Order) (Commencement No. 1 and Transitional and Saving Provisions) Order (Northern Ireland) 1998
This Order brings into operation various aspects of the 1998 Order including Schedules 1, 2 and 3 at the respective times of 8th August 1998, 1st October 1998 and 1st January 1999.