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Advice on Handling Discipline and Grievances at Work
This guide is purely advisory. It complements the Agency’s Code by giving more practical advice and guidance that employers and employees and their representatives will often find helpful both in general terms and in respect of individual cases.
LRA Public Meeting to Focus on Introduction of New ‘Early Conciliation’ Service
New workplace dispute resolution service required by Employment Act (NI) 2016
421 The Disability Discrimination (Meaning of Disability) Regulations (Northern Ireland) 1996
These Regulations provide for the established definition of a disability for the purposes of the 1995 Act, that is, a physical or mental impairment which has a substantial and long term adverse effect on the person’s ability to carry out normal day to day activities.
504 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1997
This Order further amends the 1989 Order of the same name which specifies a number of persons or bodies as public authorities for certain purposes and provides for persons who are to be treated for such purposes as the employees of some of those authorities.
No.103 The Race Relations (Interest on Awards) (Amendment) Order (Northern Ireland) 2007
This Order amends the 1997 order of the same name by clarifying that cases on which interest is calculated does not include an award in respect of costs, allowances or preparation time.
No 269 The Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2016
This Order amends the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004 which specifies a number of persons or bodies as public authorities for certain purposes under Part VII of the Fair Employment and Treatment (Northern Ireland) Order 1998.
Advice on Trade Union Representation in the Workplace
This guide is for employers, trade unions and union workplace representatives. It gives advice on the provision of time off, training and facilities to enable union representatives to carry out their duties. It covers statutory and non-statutory representatives.
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.”
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.