ORIGINAL DOCUMENT ISSUED MARCH 2006
Up-date warning: Change to the legal definition of harassment
Readers should be aware that on 6th April 2008 changes were made to the law on Sex Discrimination which impact on the definition of harassment in relation to gender or maternity.
No. 141 The Disability Discrimination (Guidance On The Definition Of A Disability) (Appointed Day) Order (Northern Ireland) 2008
This Order appoints 21/4/08 as the day for the coming into operation of new guidance entitled “Guidance to be taken into account when determining questions in relation to the definition of disability” as issued in Northern Ireland by OFMDFM.
Employees, workers and contractors have different rights and responsibilities.
Disciplinary procedures are used for dealing with problems with employees' conduct or their performance, which could lead to warnings or dismissal.
Employers have a legal duty to ensure that they do not treat an individual less favourably on any grounds related to their age, gender, marital status, disability, race/nationality, sexual orientation, religious belief or political opinion.
Under provisions set out in the Employment Rights (Northern Ireland) Order 1996 and regulations made under it, all employees have a statutory right to ask their employer for a change to their contractual terms and conditions of employment to work flexibly.
This Order stipulates 30th May 1996 as the day in which various components of the 1995 Act come into operation including issues such as: definition of disability, past disabilities, guidance, definitions of lease/sub-lease/sub-tenancy, advice and assistance, statutory authority, national security, restrictions on publicity in Industrial Tribunals, interpretation, supplementary provisions and so on.
These Regulations provide for the established definition of a disability for the purposes of the 1995 Act, that is, a physical or mental impairment which has a substantial and long term adverse effect on the person’s ability to carry out normal day to day activities.
Parents of children under the age of seventeen (or disabled children under the age of eighteen) and carers of adults have the right to apply to their employer to work more flexibly.