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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.
No 86 The Work and Families Act (Northern Ireland) 2015 (Commencement, Transitional Provisions and Savings) Order (Northern Ireland) 2015
These Regulations were made on 2/3/15 and provide for The Department for Employment and Learning in exercising their powers under the Work and Families Act (NI) 2015 to detail which components of the legislation will commence on 15/3/15 for the purposes of making regulations and enabling the parents of children expected to be born or placed for adoption from 5/4/15 to avail of shared parental leave and pay and associated entitlements for working parents (see Statutory Rules below – eg SR’s 95-103).
Surrogate Parent leave
A surrogate parent may be eligible to Statutory Adoption Leave and Pay from 5 April 2015, provided that:
Minimum Wage
The National Minimum Wage Act 1998 created a minimum wage across the UK.
The hourly rate for the minimum wage depends on your age and whether you’re an apprentice and it changes every 1 April.
The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020
These Regulations and Rules of Procedure establish requirements in relation to proceedings before industrial tribunals (ITs) and the Fair Employment Tribunal (FET). They revoke and replace earlier regulations and rules which separately dealt with these tribunals. The 2020 Regulations provide a revised and consolidated text for the rules and procedures of the industrial tribunals and the Fair Employment Tribunal while simplifying language and structure, being consistent with better regulation principles. The 2020 Regulations also take account of the introduction of Early Conciliation; in particular setting out the implications arising from the adherence, or non-adherence, to the requirements of Early Conciliation.
The Industrial Court (Membership) (Amendment) Regulations (Northern Ireland) 2022
These Regulations amend the Industrial Court (Membership) Regulations (Northern Ireland) 2011 (the “Membership Regulations”).
Regulation 2 amends regulation 3 of the Membership Regulations by removing a number of the current legislative provisions in relation to members of the Industrial Court (the “Court”) holding and vacating office and replacing those provisions with a reliance on each member’s terms of appointment.
Regulation 3 contains a transitional provision for current members of the Court.
The Court is a non-departmental tribunal body whose main function is to adjudicate on applications relating to the statutory recognition or derecognition of trade unions for collective bargaining purposes, where this cannot be agreed voluntarily.
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.
The Statutory Parental Bereavement Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2022
These Regulations relate to the treatment under Part 12ZD of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 of persons abroad, persons who work as mariners and persons who work on the continental shelf. The effect is that certain persons who would otherwise not fulfil the qualifying conditions for entitlement to statutory parental bereavement pay because of the nature of their employment or the fact that they are outside the United Kingdom will have an entitlement to such pay.
Regulation 4 limits the application of the Regulations to cases where the person would be treated as an employee under Part 12ZD of the Act if the employment were in Northern Ireland.
Regulation 5 provides for a person who is absent from Northern Ireland but in respect of whom an employer has secondary Class 1 national insurance contribution liability to be treated as an employee for the purposes of the Part 12ZD.
Regulation 6 relaxes any time limit imposed by Part 12ZD of the Act or regulations made under it in relation to a person who cannot comply with the time limit because that person is outside the United Kingdom.
Regulation 7 treats certain classes of mariners as employees for the purposes of Part 12ZD and regulation 8 makes corresponding provision for persons working on the continental shelf
Time off for trade union duties and activities
An employee who is an official of an independent trade union is entitled to paid time off in certain circumstances.
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.