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Joint Newsletter between the Labour Relations Agency and the Equality Commission for Northern Ireland January 2015
Welcome to the Fifth edition of the joint Equality Commission and Labour Relations Agency Newsletter. In this edition we will cover some of the key issues that are likely to affect or be of interest to you, our readers, in relation to what is happening in the field of employment and equality law from a local Northern Ireland perspective.
Employee representatives
Employees who act as representatives for consultation about redundancies or business transfers, or are candidates to be representatives of this kind, are entitled to reasonable time off with pay during working hours to perform these functions and to receive appropriate training.
Deductions from pay - employees
If the amount you have been paid differs from what is expected, speak with your employer first to check what has happened. Your employer can then either correct the mistake or explain why there is a change in your pay.
No 37 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2016
This Order comes into operation on 14/2/16 and effectively changes calculation and limits figures for things such as a week’s pay for the purposes of statutory redundancy pay and unfair dismissal calculation.
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.”
Employee-led Early Conciliation
From 27 January 2020 anyone who wishes to lodge a claim with the Industrial or Fair Employment Tribunal must first notify the Labour Relations Agency and discuss the option of Early Conciliation. You will not be able to proceed to tribunal without at least considering this option.
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.
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.
Constructive dismissal
An employee may make a claim of constructive dismissal if they feel they had no choice but to resign, for example if they feel that there has been a fundamental breach or change to their contract.