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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.”
549 Disability Discrimination (Guidance on Code of Practice) (Appointed day) Order (Northern Ireland) 1996
This Order stipulates 2nd December 1996 as the date on which this guidance comes into force and addresses the elimination of discrimination in the field of employment against disabled persons or persons who have had a disability.
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.
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 269 The Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2016
This Order amends the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004 which specifies a number of persons or bodies as public authorities for certain purposes under Part VII of the Fair Employment and Treatment (Northern Ireland) Order 1998.
Harrassment and Bullying at Work - Promoting an Inclusive Workplace
This guide outlines the steps to building an inclusive workplace and includes signposts to other guidance published by the Equality Commission and the Labour Relations Agency.
The guidance is designed to be of practical use to employers, trade unions or employee representatives when developing and implementing policies in the areas of harassment and bullying.
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
Working Time Regulations
In addition to the rights outlined around qualifying periods, a number of other rights and responsibilities exist. These relate to rest breaks, the number of hours a worker can be required to work and paid leave.
504 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1996
The Order amends the 1989 Order of the same name which specifies a number of persons or bodies as public authorities for certain purposes under the Fair Employment (Northern Ireland) Act 1989 and provides for persons who are to be treated for such purposes as employees of some of these authorities. (see Schedules)