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Dismissal
Employees can be dismissed for reasons such as gross misconduct or a fundamental breach of contract. A fair and robust process should be followed where all parties have certain rights and responsibilities.
No 97 The Employment Rights (Northern Ireland) Order 1996 (Application of Articles 107G and 107I to Adoptions from Overseas) Regulations (Northern Ireland) 2015
These Regulations come into operation on 15/3/15 and essentially they modify existing powers to allow the making of regulations giving entitlement to shared parental leave to employees who are adopting from overseas. Such regulations are made separately.
Selecting and appointing
The final stage in the recruitment and selection process is the most important — choosing the best person for the job.
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.
No 146 The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015
This Order makes consequential amendments arising from Part 2 of the Work and Families Act (Northern Ireland) 2015. Part 2 makes provision for new entitlements to shared parental leave and statutory shared parental pay and abolishes additional paternity leave and additional statutory paternity pay.
The Statutory Parental Bereavement Pay (Administration) Regulations (Northern Ireland) 2022
These Regulations provide for the funding of employers’ liabilities to make payments of statutory parental bereavement pay; they also impose obligations on employers in connection with such payments and confer powers on the Commissioners for Her Majesty’s Revenue and Customs (“the Commissioners”).
Under regulation 3, an employer is entitled to an amount equal to 92 per cent. of payments made by the employer of statutory parental bereavement pay, or the whole of such payments if the employer is a small employer. Regulations 4 to 7 provide for employers to be reimbursed through deductions from income tax, national insurance and other payments that they would otherwise make to the Commissioners, and for the Commissioners to fund payments to the extent that employers cannot be fully reimbursed in this way. Regulation 8 enables the Commissioners to recover overpayments to employers.
Regulation 9 requires employers to maintain records relevant to the payment of statutory parental bereavement pay to employees or former employees, and regulation 10 empowers officers of Revenue and Customs to inspect, copy or remove employers’ payment records.
Regulation 11 requires an employer who decides not to make any, or any further, payments of statutory parental bereavement pay to an employee or a former employee to give that person the details of the decision and the reasons for it. Regulations 12 and 13 provide for officers of Revenue and Customs to determine issues relating to a person’s entitlement to statutory parental bereavement pay. Regulation 14 provides for employers, employment agencies, persons claiming statutory parental bereavement pay and others to furnish information or documents to an officer of Revenue and Customs on request.
No 90 The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Parental Order Cases) Regulations (Northern Ireland) 2015
These Regulations modify requirements in the 1992 Act to provide that an employee who has a baby with the help of a surrogate and is a parental order parent may be entitled to statutory adoption pay, statutory paternity pay or statutory shared parental pay if they meet the eligibility requirements.
No. 520 The Civil Partnership Act 2004 (Amendment to Subordinate Legislation) Order (Northern Ireland) 2005
Although the main impact on Northern Ireland employment legislation in the area of civil partnership comes from the Civil Partnership Act (2004) (for example, Section 252 and Schedule 29) itself, the above Order addresses other changes in the employment sphere.
The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2022
Additional legislation amending subordinate legislation for the provision of parental bereavement leave and pay in Northern Ireland
The Employment Act (Northern Ireland) 2016 (Commencement No. 3) Order (Northern Ireland) 2020
This Order brings into operation certain provisions of the Employment Act (Northern Ireland) 2016 on 27th January 2020.
Article 2(a) to (e) commence provisions on early conciliation of employment disputes.
Article 2(f) commences the provision which places an obligation on the Department to review early conciliation.
Article 2(g) and (h) commences the provisions that permits the Department to make regulations which provide that the members of the panel of chairmen of industrial tribunals and Fair Employment Tribunal may be referred to as employment judges.
Article 2(i) commences the provision which prohibits the Labour Relations Agency, or persons appointed by the Agency, from releasing information relating to a worker, employer of a worker, or a trade union, that they hold in the course of performing their functions.
Article 2(j) corrects a small number of references in the Social Security Contributions and Benefits (Northern Ireland) Act 1992, dealing with statutory shared parental pay, which were introduced by the Work and Families Act (Northern Ireland) 2015
Article 2(k) updates legislative references in Schedules 2 and 4 to the Employment (Northern Ireland) Order 2003.
Article 2(l) and (o) gives effect to the dispute resolution repeals in Schedule 3 of the Act.
Article 2(m) and (n) gives effect to Schedules 1 and 2, which respectively, make minor and consequential amendments to existing legislation, and set out how the relevant time limits for bringing a claim will be extended where necessary to provide sufficient time for early conciliation to take place and to ensure that the claimant is not disadvantaged.