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419 The Disability Discrimination (Employment) Regulations (Northern Ireland) 1996
These Regulations provide for circumstances whereupon treatment of a disabled employee or failure to make a reasonable adjustment is justified: where pay is linked to performance, where there are uniform rates of contribution to an occupational pension scheme regardless of benefits received, where building works complied with (and continue to comply with) the building regulations in relations to disabled access and facilities.
Parental bereavement leave and pay legislation arrives
Following its passage through the Assembly, the legislation for Parental Bereavement Leave and Pay comes in to effect in Northern Ireland from the 6th April 2022.
More information on the legislation can be found on our dedicated legislation pages (click the link at the top of the page) or by calling our Workplace Information Service on 03300 555 300
No.377 Paternity and Adoption leave Regulations (Northern Ireland) 2002
These Regulations relate to rights regarding paternity and adoption leave derived from the Employment (NI) Order 2002 and include qualification for right, taking paternity leave, 1 or 2 consecutive weeks, 56 day window, notification, terms and conditions of employment during leave, right of return, ordinary and additional adoption leave, one person entitlement re: adoption leave, provisions regarding adoption leave etc which largely reflect those relating to paternity.
No 319 The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012
These Regulations come into operation on 10/9/12 and amend the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009 which prescribe the criteria which determine whether a person should be included automatically in the children’s barred list or the adults’ barred list maintained by the Independent Safeguarding Authority under Article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“the 2007 Order”).
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.
Changes to Fit Note requirements in Northern Ireland
The requirements for doctors fit notes in Northern Ireland have been amended to remove the need for a doctor to produce a fit note in ink. The change becomes live from the 6th April 2022.
The Department For Communities have explained the change here.
The legislation for the change can be found here or on our dedicated legislation pages on this website. (click the legislation button at the top of this page)
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.”