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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.
Types of contracts
In addition to contracts of employment, a number of other types of contracts exist.
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.
Independent appeals
The Agency also facilitates a range of independent appeals (mainly grievance, bullying / harassment and discipline), for example where the final stage of an organisation’s procedure offers the option of 'an independent appeal of the decision via the Labour Relations Agency'.
Potential Problems at Christmas Time
The Labour Relations Agency Workplace Information Service receives enquiries every Christmas from businesses with questions and problems.
To help you prepare and avoid potential issues we have compiled some frequently asked questions which we receive each Christmas season.
Induction
When an employee starts work, the employer has a duty of care towards them. This includes making sure that they can do the job safely and competently.
Webinar - Flexible Working
This webinar aims to help employers understand their duties and responsibilities and to promote good employment practice. It includes an overview of the statutory flexible working process from employee request, the right of accompaniment, the right of appeal through to communication of the final decision.
Surrogate Parent leave
A surrogate parent may be eligible to Statutory Adoption Leave and Pay from 5 April 2015, provided that: