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421 The Disability Discrimination (Meaning of Disability) Regulations (Northern Ireland) 1996
These Regulations provide for the established definition of a disability for the purposes of the 1995 Act, that is, a physical or mental impairment which has a substantial and long term adverse effect on the person’s ability to carry out normal day to day activities.
An Examination of Recent and Likely Future Developments in Employment Law in Northern Ireland
Patricia Maxwell
JANUARY 2004
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.
Flexible Working: The Right to Request and Duty to Consider
Under provisions set out in the Employment Rights (Northern Ireland) Order 1996 and regulations made under it, all employees have a statutory right to ask their employer for a change to their contractual terms and conditions of employment to work flexibly.
504 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1997
This Order further amends the 1989 Order of the same name which specifies a number of persons or bodies as public authorities for certain purposes and provides for persons who are to be treated for such purposes as the employees of some of those authorities.
No 140 The Social Security (Maternity Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 2014
These Regulations come into effect on 18/5/14 and are derived from changes brought in by reforms under Statutory Rule 102 above. Section 35B provides an entitlement to maternity allowance for women who work with a spouse or civil partner who is engaged in self-employment.
No 90 The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Parental Order Cases) Regulations (Northern Ireland) 2015
These Regulations modify requirements in the 1992 Act to provide that an employee who has a baby with the help of a surrogate and is a parental order parent may be entitled to statutory adoption pay, statutory paternity pay or statutory shared parental pay if they meet the eligibility requirements.
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.
Shared Parental Leave and Pay: Employers' Technical Guide to Shared Parental Leave and Pay
This guide was published by the Department for the Economy.
Eligible employees of babies due to be born or placed for adoption from April 2015 will have a new statutory entitlement to shared parental leave and pay. This technical guidance is for employers who think their employee(s) may be eligible.
Preventing relationship problems
The best way to prevent relationship problems is to have policies and procedures that are fair, constructive and clear and there should be constructive communication to address issues as quickly as possible. We can help you to check if your policies and procedures are in line with best practice.
However, where relationships have been damaged by events in the workplace, the Labour Relations Agency can provide impartial and confidential mediation, conciliation or arbitration support to help resolve the situation.