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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.

8 Equal Opportunities (Employment Legislation) (Territorial Limits) Regulations (Northern Ireland) 2000

These Regulations relate to the “posting” of workers in terms of equality of treatment between men and women and other provisions on non-discrimination are extended to said postal workers. (Workers who, for a limited period, carry out work in another Member State).

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.

Fair Employment (School Teachers) Act (Northern Ireland) 2022

This legislation was enacted by the Northern Ireland Assembly in 2022 and came into effect on 12th May 2024.

From this date, it will be unlawful to discriminate on the grounds of religious or philosophical belief or political opinion in respectof the recruitment or promotion of teachers in schools in Northern Ireland.

Prior to 2003, FETO, and its predecessors, did not prohibit discrimination on the grounds of religious or philosophical belief or political opinion in relation to any aspect of the employment of school teachers. That was due to the effects of article 71 of FETO, commonly known as the teachers’ exception.

This situation changed through a process that began in 2003 when an EU equality law, Council Directive 2000/78/EC, required the exception to be modified and
narrowed. As a result, and since then, FETO has prohibited discrimination on its equality grounds in relation to most aspects of the employment of teachers in
schools; e.g. in relation to pay, training, absence and performance management,
dismissal, harassment.

Despite that change, FETO’s prohibition of discrimination did not apply to the recruitment or promotion of teachers in schools due to the continuing effects of one part of the article 71 exception that remained.

The remaining gap in coverage was filled on 12 May 2024 with the inrtoduction of this legislation.
 

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.