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Types of contracts
In addition to contracts of employment, a number of other types of contracts exist.
No 302 The Labour Relations Agency Arbitration Scheme (Jurisdiction) Order (Northern Ireland) 2012
This Order utilises the power vested in the Department for Employment and Learning to permit the Labour Relations Agency to prepare an arbitration scheme for dealing with disputes which are or could become the subject of industrial tribunal proceedings.
No 159 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2008
These Regulations make a variety of amendments to our anti-discrimination legislation as it pertains to gender and pregnancy only. As a result there is no longer a requirement for a comparator who is not pregnant when a woman is pursuing a case of discrimination on the grounds of pregnancy or maternity leave.
No 320 The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order (Northern Ireland) 2012
This Order comes into on 10/9/12 and essentially amends the Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (“the 2009 Order”) by revoking the provisions in the 2009 Order which provided that certain people should not be treated as vulnerable adults or as providing regulated activity to children or to vulnerable adults, in light of the changes to the definitions of vulnerable adult, regulated activity relating to children and regulated activity relating to vulnerable adults in Schedule 7 to the Protection of Freedoms Act 2012 (“the 2012 Act”).
Constructive dismissal
An employee may make a claim of constructive dismissal if they feel they had no choice but to resign, for example if they feel that there has been a fundamental breach or change to their contract.
418 Sex Discrimination (Amendment) Regulations (Northern Ireland) 1996
The Regulations relate to the remedies that can be granted for cases of sex discrimination and specifically to remedies for indirect discrimination even where the respondent did not intend to treat the claimant unfavourably on sex or marital status grounds.
No.103 The Race Relations (Interest on Awards) (Amendment) Order (Northern Ireland) 2007
This Order amends the 1997 order of the same name by clarifying that cases on which interest is calculated does not include an award in respect of costs, allowances or preparation time.
Antenatal Care
All pregnant employees are entitled to time off to keep appointments for antenatal care made on the advice of a registered medical practitioner, registered midwife or registered health visitor.
A person in a qualifying relationship with the pregnant employee is entitled to unpaid time off work to accompany the expectant mother to two antenatal appointments.
231 Sex Discrimination Code of Practice (Recruitment and Selection) (Appointed day) Order (Northern Ireland) 1998
The Code of Practice for removing sex bias from recruitment and selection comes into effect on 3rd August 1998 and the Code can be admitted in evidence to County Court or Industrial Tribunal if deemed relevant to any question in proceedings.
Discrimination when hiring
Fair treatment is not just a moral and legal obligation but makes good business sense. Employers who treat employees fairly will be best placed to recruit and retain staff in an increasingly diverse and competitive labour market.