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The Industrial Tribunals and Fair Employment Tribunal (Early Conciliation: Exemptions and Rules of Procedure) Regulations (Northern Ireland) 2020
The Employment Act (Northern Ireland) 2016 amended the Industrial Tribunals (Northern Ireland) Order 1996 and the Fair Employment and Treatment (Northern Ireland) Order 1998 to introduce a requirement for prospective claimants to contact the Labour Relations Agency before they are able to present a claim to an industrial tribunal or the Fair Employment Tribunal. This requirement applies to claims which are relevant proceedings under Article 20(1) of the Industrial Tribunals Order or Article 38 of the Fair Employment and Treatment Order.
Regulation 3 sets out the circumstances in which a claimant may present a claim dealing with relevant proceedings without complying with the requirement for early conciliation.
The exemption in regulation 3(1)(a) relates to claimants who are presenting a claim on the same claim form as other claimants or joining a claim which has already been presented to an industrial tribunal or the Fair Employment Tribunal by another claimant (so called ‘multiples’); in such circumstances, a claimant may rely upon the fact that another claimant has complied with the requirement for early conciliation and has a certificate from the Agency.
The exemption in regulation 3(1)(b) means that if a claim for relevant proceedings appears on the same claim form as proceedings which are not relevant proceedings, there is no need for a claimant to satisfy the early conciliation requirement in relation to those relevant proceedings.
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.
465 Equal Pay (Amendment) Regulations (Northern Ireland) 1996
These Regulations provide for an Industrial Tribunal to have greater procedural discretion in equal value pay claims in relation to the use (or not) of independent experts.
No. 571 (C. 39) The Employment Relations (2004 Order) (Commencement No.4 and Transitional Provisions) Order (Northern Ireland) 2005
This is the final implementation order for the Employment Relations (NI) Order 2004 and essentially it brings into effect, as of 8/1/06 the remaining matters not implemented by the previous three commencement orders.
Deducting training costs from final pay
This section covers deducting training costs from final pay.
Statutory Maternity Pay (SMP)
Women expecting a baby who satisfy the qualifying conditions are entitled to a maximum of 39 weeks SMP.
Suspension
An employer may decide to suspend an employee temporarily from work if they are involved in a disciplinary situation, or for maternity or medical reasons. Usually an employee who is suspended is entitled to their normal pay during their suspension.
The Employment Rights (Northern Ireland) Order 1996 (Coronavirus, Calculation of a Week's Pay) Regulations (Northern Ireland) 2020 SR 2020 No. 178
This Statutory Rule ensures that various statutory entitlements based on a week's pay and connected with termination of employment are not reduced as a result of an employee being furloughed under the Coronavirus Job Retention Scheme (CJRS).
Disciplinary or grievance hearings
Workers have the right to take paid time off during working hours to accompany fellow workers employed by the same employer to certain disciplinary and grievance hearings.
Advertising the job
An employer has an obligation to ensure that recruitment advertising is carried out in a non-discriminatory manner.