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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.
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 Statutory Parental Bereavement Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2022
These Regulations relate to the treatment under Part 12ZD of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 of persons abroad, persons who work as mariners and persons who work on the continental shelf. The effect is that certain persons who would otherwise not fulfil the qualifying conditions for entitlement to statutory parental bereavement pay because of the nature of their employment or the fact that they are outside the United Kingdom will have an entitlement to such pay.
Regulation 4 limits the application of the Regulations to cases where the person would be treated as an employee under Part 12ZD of the Act if the employment were in Northern Ireland.
Regulation 5 provides for a person who is absent from Northern Ireland but in respect of whom an employer has secondary Class 1 national insurance contribution liability to be treated as an employee for the purposes of the Part 12ZD.
Regulation 6 relaxes any time limit imposed by Part 12ZD of the Act or regulations made under it in relation to a person who cannot comply with the time limit because that person is outside the United Kingdom.
Regulation 7 treats certain classes of mariners as employees for the purposes of Part 12ZD and regulation 8 makes corresponding provision for persons working on the continental shelf
No 162 The Fair Employment Tribunal (Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011
These Regulations amend the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 151) (“the 2005 Regulations”), the most substantive amendments to which have previously been made by S.R. 2005 No. 579.
No 105 The Flexible Working Regulations (Northern Ireland) 2015
These Regulations deal with eligibility, applications, breaches of procedure and compensation in relation to statutory applications for contract variation to allow flexible working under the Employment Rights (Northern Ireland) Order 1996 - (See Article 112f)
No 161 The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011
These Regulations amend the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 150) (“the 2005 Regulations”), the most substantive amendments to which have previously been made by S.R. 2005 No. 376 and S.R. 2005 No. 578.
173 Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996
These Regulations revoke and replace the existing regulations on rules of procedure for Industrial Tribunals and include: rules applicable to all proceedings before an Industrial Tribunal, rules regarding ‘equal value’ claims, levy appeal rules, rules on appeals against improvement/prohibition notices, rules on appeals against non-discrimination notices, rules regarding £150 deposit in pre-hearing reviews, reporting restriction rules, orders for costs (specified instances) and so on.
466 Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 1996
These Regulations came into operation as of 3rd November 1997 (with some exceptions) and amend the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (NI) 1996 in relation to: proceedings under Disability Discrimination Act, notice of appearance timescales, requirement for tribunals to give extended reason for decisions under the 1995 Act, procedures for appointment of expert for equal value cases and so on.
No 101 The Paternity, Adoption and Shared Parental Leave (Parental Order Cases) Regulations (Northern Ireland) 2015
These Regulations come into operation on 15/3/15 and they modify the Paternity and Adoption Leave Regulations (Northern Ireland) 2002, the Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations (Northern Ireland) 2015 and the Shared Parental Leave Regulations (Northern Ireland) 2015.
No 98 The Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations (Northern Ireland) 2015
These come into operation on 5/4/15. The Regulations modify the Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations (Northern Ireland) 2015 and the Shared Parental Leave Regulations (Northern Ireland) 2015 so that each appropriately reflects entitlement to shared parental leave for qualifying individuals adopting from overseas and the different triggers and qualification points which exist in these cases.