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Preparing for the hiring process
Taking the time to carefully plan the hiring process is important and ensures that you hire an employee with the right mix of skills and characteristics for the job.
What we do
The Labour Relations Agency provides free, impartial and confidential services to employers, employer bodies, employees and workers in Northern Ireland, as well as Trade Unions, HR and legal professionals.
We Are Moving!
On 6 December 2022, the Labour Relations Agency moved its Head Office to James House, 2-4 Cromac Avenue, the Gasworks, at the bottom of Belfast's Ormeau Road. Our Regional Office remains at Richmond Chambers, The Diamond, Derry/L'Derry. Read more here.
Please note that phone numbers (03300 555 300 and 03300 552 220) and email addresses will remain the same.
However, there is a wealth of guides and resources on our website which may still have our old Gordon Street address. We are working our way through these to update them with the new address.
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.
About the Labour Relations Agency
We provide a free, impartial and confidential employment relations service to those engaged in industry, commerce and the public services. Our services include the provision of advice on good employment practices and assistance with the development and implementation of employment policies and procedures. We are also active in resolving disputes through our conciliation, mediation and arbitration services.
Escalating unresolved issues
Some issues in the workplace cannot be resolved informally so it is important that there is a fair and clear escalation process where each side meets their responsibilities. The Labour Relations Agency can offer information, flowcharts and codes of practice to help. We also offer confidential and impartial conciliation, mediation and arbitration services to help parties resolve issues without needing to go to tribunal.
The Agency is a public body with statutory responsibilities so there is no charge for our services.
Resolving problems
Issues and problems can arise in any workplace. If not resolved they can cause lasting damage to individuals, to the business and to relationships. It is important to ensure there are fair processes in place to deal with problems and that organisations adopt a best practice approach. We run free training seminars and briefings and have guides, template policies and flowcharts to help. Where additional support is needed we offer free, impartial and confidential conciliation, mediation and arbitration services.
Surrogate Parent leave
A surrogate parent may be eligible to Statutory Adoption Leave and Pay from 5 April 2015, provided that:
Trade Union duties and activities
An employee who is an official of an independent trade union which is recognised by the employer must be allowed reasonable time off with pay during working hours to:
Paternity Leave
Paternity leave allows parents to take time off from their work to have time with their child following a birth.