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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.”
No.286 The Corporate Manslaughter and Corporate Homicide (2007 Act) (Commencement) Order (Northern Ireland) 2012
This Order brings into force on 3rd September 2012 section 2(1)(d) of the Corporate Manslaughter and Corporate Homicide Act 2007.
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.
No. 39 Trade Union Recognition (Method of Collective Bargaining) Order (Northern Ireland) 2001
This Order specifies the method by which collective bargaining might be carried out. (See Trade union and Labour Relations (NI) Order 1995).
No 317 The Work and Families (Increase of Maximum Amount) Order (Northern Ireland) 2009
This Order comes into effect on 1/10/09 and has the main purpose of increasing the maximum weekly amount used for the purposes of calculating certain awards by the Industrial Tribunal from £350 to £380. This is commonly referred to as the “capped weeks pay” for the purposes of unfair dismissal and redundancy pay calculations.
322 Race Relations (Questions and Replies) Order (Northern Ireland) 1997
This Order prescribes the format for the person aggrieved to use in relation to the respondent in terms of questions regarding alleged discrimination.
Health & Safety at Work
Employers have a duty to protect their employees and visitors from harm. They must do risk assessments and they must report any serious incidents to the Health and Safety Executive for Northern Ireland. Employees are expected to take reasonable care of their own health and safety.
No. 297 The Additional Paternity Leave Regulations (Northern Ireland) 2010
These Statutory Rules introduce Additional Paternity Leave and Pay, giving eligible employees (usually fathers) a right to take up to six months’ leave from their employment to care for a child, if the child’s mother or (in the case of adoptions) the primary adopter returns to work without exercising their full entitlement to maternity leave.
36 (2) Industrial Tribunals (1996 Order) (Commencement) Order (Northern Ireland) 1997
This Order relates to Article 14 of the 1996 Order relevant to offences for breaching Industrial Tribunal Orders restricting publicity in disability discrimination cases.
No 27 The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2014
On 14/4/14 this Order comes into operation and amongst other things it amends the Rehabilitation of Offenders (Exceptions) Order 1979 (“the 1979 Order”)