Search Results
Increase of limits on Tribunal awards and payments under employment rights legislation
The Department for the Economy has made a statutory rule entitled The Employment Rights (Increase of Limits) Order (Northern Ireland) 2023 (legislation.gov.uk).
The Order increases, from 6 April 2023, limits applicable to certain awards and payments under employment rights legislation in line with the Retail Prices Index.
The Department has issued a press release relating to the above changes in limits - https://www.economy-ni.gov.uk/news/department-economy-announces-annual-increase-limits-unfair-dismissal-and-redundancy-payments.
For details on the limits for previous years, please access the following link https://www.legislation.gov.uk/primary+secondary?title=The%20Employment…
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
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.
459 The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996
These Regulations replace the Industrial Relations (Recoupment of Unemployment Benefit and Supplementary Benefit) Regulations (NI) 1977 and come into effect as of 7th October 1996 and provide for recovery by the DHSS from an employer of sums on account of Jobseeker’s Allowance and Income Support out of a prescribed part of an amount awarded by an Industrial Tribunal in certain proceedings listed in the Schedule.
No 494 The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Consequential Amendments etc) Regulations (Northern Ireland) 2007
These Regulations, as of 30/12/07, make amendments to the 2006 TUPE Regulations and the 2006 Service Provision Change Regulations (NI only) purely in terms of references to the above Regulations which exist in other Orders in Council and Regulations, for example, the ICE (NI) Regulations 2005 and the Pensions (NI) Order 2005.
432 Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations (Northern Ireland) 1999
These Regulations are derived from a European Directive and amend provisions relating to information and consultation on redundancies.
No. 138 The Code of Practice (Time Off for Trade Union Duties and Activities) (Appointed Day) Order (Northern Ireland) 2012
This Order appoints 19th April 2012 as the day upon which the Code of Practice on Time Off for Trade Union Duties and Activities, which is being issued by the Labour Relations Agency (LRA) under Article 90(5) of the Industrial Relations (Northern Ireland) Order 1992, will come into effect.
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.
477 The Employment of Children Regulations (Northern Ireland) 1996
These Regulations address the issue of employment of children, i.e. a person over 13 but not over school leaving age.