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The Parental Bereavement Leave Regulations (Northern Ireland) 2022
New legislation providing for parental bereavement leave in Northern Ireland
196 (C.18) The Disability Discrimination Act 1995 (Commencement No. 6) Order (Northern Ireland) 1999
This Order provides for the implementation of further components of the 1995 Act, specifically sections: 19(1) (6), 20 (2), (5), (9) and 21 (1), 2 (d), (4), (6) and (10) which relate to the duty on providers of service to make adjustments.
Upcoming Events in the North West
The Labour Relations Agency, in conjunction with the Ulster University Law Society - Magee, present the following events in March and April in the North West.
Calculation of Holiday entitlement for Term Time/Part year Workers
The Supreme Court decision handed down in the case of Harpur Trust v Brazel on 20th July 2022 has now provided clarity on how statutory leave entitlement for workers who are described as part year workers (i.e. workers who work for varying hours during only certain weeks of the year but have a continuing contract throughout that year), should be calculated.
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.
New Beginnings for the Labour Relations Agency
A new year brings new beginnings for The Labour Relations Agency (LRA) which recently moved from its former home in the iconic Cathedral Quarter of Belfast – its base for 25 years.
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.
No 229 The Rules of the Court of Judicature (Northern Ireland) (Amendment No. 3) 2011
These Rules amend the Rules of the Court of Judicature (Northern Ireland) to provide for the award of penalties by the High Court under the Transnational Information and Consultation of Employees Regulations 1999 (S.I 1999/3323), in consequence of amendments made by the Transnational Information and Consultation of Employees (Amendment) Regulations 2010 which came into effect on 5/6/11.
Disclosure of information to trade unions for collective bargaining purposes
The Agency has a duty to provide practical guidance on the application of Articles 39 and 40 of the Industrial Relations (Northern Ireland) Order 1992 (“the 1992 Order”) in relation to the disclosure of information by employers to trade unions for the purpose of collective bargaining.
Reversing the £1billion cost of workplace conflict
A research report commissioned by the Labour Relations Agency (LRA) reveals that ‘good jobs’ could help reverse the cost of workplace conflict within Northern Ireland, which burdens employers and the local economy with a staggering £1billion in costs per year.