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New Hybrid Working Guide Offers Timely Support to Employers
To coincide with the easing of Covid restrictions and anticipated lifting of the ‘work from home’ recommendation, a new guide offering NI employers the most up-to-date advice on ‘Hybrid Working’ has been launched by the Labour Relations Agency (LRA) for Northern Ireland.
The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2019
This instrument amends the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (“the 1979 Order”) to give effect to changes to a criminal record ‘filtering scheme’ that allows some old and minor spent convictions to be ‘filtered, so that they are no longer disclosed and cannot be taken into account in employment decisions in certain circumstances. The 1978 Order makes it possible for certain convictions to become “spent”, which means that after a specified period a person can be treated for certain purposes as if the conviction had never happened and they need not, for example, tell an employer about the conviction when applying for a job.
To ensure that the public is adequately protected, however, certain exceptions to the 1978 Order are set out in the 1979 Order so that, for specified professions and occupations that typically involve a high degree of trust and often involve vulnerable persons, applicants must declare all past convictions when asked. The 1979 Order is amended periodically to ensure that the access to the criminal record disclosure regime keeps pace with changes in public risk; to ensure that disclosure regimes remain consistent across jurisdictions where appropriate; and to maintain the public trust and protection process.
This Order, the Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2019 (“the 2019 Order”), stems from a Supreme Court judgment, which ruled that elements of the criminal record ‘filtering scheme’ operated by the Department of Justice were disproportionate. The ‘filtering scheme’ was established in 2014 following a review of the criminal records regime in Northern Ireland that was carried out by Sunita Mason during 2011, which recommended that the Department of Justice should filter old and minor convictions from standard and enhanced criminal record certificates; and to take account of the findings of two court cases concerning the disclosure of criminal record material at that time.
The terms of the scheme are that a conviction can be filtered after a period of 11 years (or 5.5 years for those under 18 at the time of the conviction), so long as the conviction was not for a specified offence as listed in the 1979 Order (e.g. serious violent and sexual offences; or offences of specific relevance for posts concerned with safeguarding children and vulnerable adults; etc.); did not attract a custodial sentence; and if there is no other conviction on the individual’s record.
The Supreme Court found that limiting the filtering scheme to a single offence, with the result that more than one old and minor conviction would be disclosed automatically, was disproportionate. The Department has, therefore, adjusted the terms of the scheme to allow more than one offence to be filtered in order to comply with the judgment.
The 2019 Order gives effect to this change by amending the 1979 Order to remove Article 1A(2)(c), which restricted the terms of the filtering scheme to a single conviction. The Department is satisfied that public protection is maintained, however, as the remaining elements of the filtering scheme will continue to ensure that there is no increased risk to the public as a result of this change.
Estimating the costs of workplace conflict in Northern Ireland
Workplace conflict has a negative impact on organisational performance and the working experiences of those involved. Research commissioned by the Labour Relations Agency on workplace conflict in Northern Ireland suggests that disputes took up valuable time and eroded organisational culture.
These challenges have arguably become more acute in the wake of the Covid-19 pandemic with pressure on recruitment, retention, engagement and productivity.
However, leaders and policymakers may underestimate the strategic importance of managing conflict at work. Conflict management is often unseen – taking place in the shadows and behind closed doors. Until recently, lack of visibility has been exacerbated by a lack of robust data. This analysis of the costs of workplace conflict in Northern Ireland finds that 37% of workers experience conflict each year at a cost of £851m.
The report in full can be found below, while our podcast on the topic can also be found here.
Shared Parental Leave: A Good Practice Guide for Employers and Employees
The Work and Families (Northern Ireland) Act 2015 and associated regulations provide an opportunity for parents to take advantage of additional flexibility in the way they choose to care for a new arrival to the family.
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EC Bulk Spreadsheet Portal Template
This spreadsheet should be completed and uploaded via the portal to notify multiple cases relating to both EC (employee-led) notifications and NON ET (employer-led) requests.
Conciliation Explained
If someone has lodged a claim to the tribunal about their employment rights a copy is sent to the Labour Relations Agency.
We have a legal duty to offer Conciliation in most cases when someone has a complaint about their employment rights even if no claim has been made to the Tribunal service.
Labour Relations Agency Arbitration Scheme - Guide to the Scheme
Revised January 2013
The Agency was given the power to introduce the Scheme by the Industrial Relations (Northern Ireland) Order 1992, as amended, and the Fair Employment and Treatment (Northern Ireland) Order 1998. Subsequently, the Scheme has been established by means of the Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012.
Advice on Handling Discipline and Grievances at Work
This guide is purely advisory. It complements the Agency’s Code by giving more practical advice and guidance that employers and employees and their representatives will often find helpful both in general terms and in respect of individual cases.