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Landmark Holiday Pay case concluded by UK Supreme Court
The long awaited decision from the Supreme Court in the case of Chief Constable of Police Service of Northern Ireland v Agnew and others [UKSC33] was passed down on the 04/10/2023.
In essence the case was about how to properly calculate holiday pay and how far back claims can go where the amount was miscalculated.
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.”
Labour Relations Agency Annual Public Board Meeting
Thurs 24 Oct 2019, 11.30am - 1pm, Malone House, Belfast, free parking. Lunch provided.
Annual lecture: Early Conciliation - a new service required by Employment Act (NI) 2016 from January 2020.
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.
Parental bereavement leave and pay legislation arrives
Following its passage through the Assembly, the legislation for Parental Bereavement Leave and Pay comes in to effect in Northern Ireland from the 6th April 2022.
More information on the legislation can be found on our dedicated legislation pages (click the link at the top of the page) or by calling our Workplace Information Service on 03300 555 300
Wider list of healthcare professionals to sign fit notes from July 2022
The list of those who can sign Fit Notes will change from 1 July 2022 to include registered nurses, occupational therapists, pharmacists and physiotherapists, in addition to doctors. Find the legislation here.
Management Statement & Financial Memorandum (MSFM) (October 2019)
This Management Statement and Financial Memorandum (MSFM) has been drawn up by the Department for the Economy, sponsor Department, in consultation with the Labour Relations Agency. The document is based on a model prepared by the Department of Finance (‘DoF').