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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.”
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').
Surrogate Parent leave
A surrogate parent may be eligible to Statutory Adoption Leave and Pay from 5 April 2015, provided that:
Misconduct and gross misconduct
Disciplinary issues arise when the employer has concerns about an employee’s conduct, absence from work or the way they are performing in their job. They may start a disciplinary procedure which could lead to disciplinary action (including dismissal in more serious cases).
Whistleblowing
The Public Interest Disclosure (Northern Ireland) Order 1998 protects those who report serious wrongdoing in the workplace from dismissal or detrimental treatment as a result of their whistleblowing.
Sick leave
From one time to another, employing organisations will experience absence by their staff due to illness. Illness absences are usually unplanned. This makes planning and covering work difficult for employers given the short notice of illness occurrences.
Job applications
There are two main options for inviting applications to job vacancies:
• providing a job application form to be completed and returned, or;
• asking applicants to send a copy of their curriculum vitae (CV).
Rests and breaks
Employees are entitled to breaks for meals and to rest. As far as possible employers should provide breaks, facilities and comfortable surroundings for additional needs such as breastfeeding or expressing milk.
Gender pay gap
The gender pay gap measures the difference between average (median) hourly earnings of men and women, usually shown by the percentage men earn more than women.
Bereavement Leave
Employees are sometimes entitled to paid bereavement leave if someone close to them dies. All employees are entitled to reasonable time off without pay to arrange or attend the funeral of a dependant.