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Calculation of Holiday entitlement for Term Time/Part year Workers
The Supreme Court decision handed down in the case of Harpur Trust v Brazel on 20th July 2022 has now provided clarity on how statutory leave entitlement for workers who are described as part year workers (i.e. workers who work for varying hours during only certain weeks of the year but have a continuing contract throughout that year), should be calculated.
Job Hunting or to Arrange Training when Facing Redundancy
An employee who is being made redundant and who has been continuously employed by the same employer for at least two years is entitled, whilst under notice, to take reasonable time off with pay within working hours to look for another job, or to make arrangements for training for future employment.
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.”
Contractor versus Employee versus Worker
Employees, workers and contractors have different rights and responsibilities.
No 229 The Rules of the Court of Judicature (Northern Ireland) (Amendment No. 3) 2011
These Rules amend the Rules of the Court of Judicature (Northern Ireland) to provide for the award of penalties by the High Court under the Transnational Information and Consultation of Employees Regulations 1999 (S.I 1999/3323), in consequence of amendments made by the Transnational Information and Consultation of Employees (Amendment) Regulations 2010 which came into effect on 5/6/11.
No 95 The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations (Northern Ireland) 2015
These Regulations come into operation on 15/3/15 and enable an expectant mother or a mother on maternity leave, or an adopter or a prospective adopter to give notice to end her/his relevant entitlement on a specific future date.
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.
Changes to Fit Note requirements in Northern Ireland
The requirements for doctors fit notes in Northern Ireland have been amended to remove the need for a doctor to produce a fit note in ink. The change becomes live from the 6th April 2022.
The Department For Communities have explained the change here.
The legislation for the change can be found here or on our dedicated legislation pages on this website. (click the legislation button at the top of this page)
Do you need assistance to complete the Early Conciliation form?
If you are unable to complete the Early Conciliation notification form online you can:
- contact the Labour Relations Agency on 03300 552 224 and a staff member will take the details over the phone;
- download and complete the form by hand and post it to one of the Labour Relations Agency's offices at:
2-16 Gordon Street, Belfast, BT1 2LG or
3rd Floor, Richmond Chambers, The Diamond, Derry/Londonderry, BT48 6HN; or
- call in to one of our offices where we can provide a private space for you to complete the online form.
104 Race Relations (Complaints to Industrial Tribunals) (Armed Forces) Regulations (Northern Ireland) 1998
These Regulations (effective as of 17 April 1998) detail when an individual can bring a complaint to an Industrial Tribunal in respect of service with the armed forces.