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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.
The Coronavirus Act 2020
The Coronavirus Act 2020 creates a new, temporary, statutory right for eligible workers to take Emergency Volunteering Leave to assist the Health and Social Care system in response to the Coronavirus outbreak.
Sections 8 and 9 refer to Emergency Volunteers
No 150 The Statutory Maternity Pay (Curtailment) Regulations (Northern Ireland) 2015
These Regulations, from the operational date of 15/3/15, allow eligible women to curtail their statutory maternity pay in accordance with section 161(3A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in order to enable them to take statutory shared parental pay in accordance with section 167ZU of the 1992 Act.
No 225 The Employment Equality (Age) (Consequential Amendments) Regulations (Northern Ireland) 2007
These regulations amend the primary and secondary legislation on age discrimination by altering provisions in relation to statutory sick pay, dismissal for exercising the right of accompaniment, aspects of Social Security Contributions and benefits and aspects of inter-related law impacting on those under 16.
The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations (Northern Ireland) 2022
Changes to the legislation around fit notes from doctors. Removes the need for a fit note to be presented in ink. change live from 6/4/22.
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.
The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No. 2) Regulations (Northern Ireland) 2022
The list of those who can sign Fit Notes will change from 1 July 2022 to include registered nurses, occupational therapists, pharmacists and physiotherapists, in addition to doctors.
No 54 The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations (Northern Ireland) 2020
These Regulations suspend the limitation, set out in the Social Security Contributions and Benefits Act (Northern Ireland) 1992, that Statutory Sick Pay is not payable for the first three qualifying days in a period of entitlement. They also amend the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 to specify when a person is isolating by reason of coronavirus is deemed to be incapable of work.
137 Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996
These Regulations replace the existing provisions which were derived from the 1973 Regulations.
No 89 The Social Security Benefits Up-Rating Order (Northern Ireland) 2009
This Order increases some of the key employment related payments such as Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay and so on.