1977-1994

This Order addresses issues such as the relationship with the national minimum wage provisions enacted in 1998 as amended, minimum rates, sick pay, exemption permits, complaints as to inadequate pay for piece work, holidays and holiday pay, enforcement, penalties and legal proceedings, regulations, appointment of officers, information obtained by national minimum wage officers, reports, saving of agreements and customs and modifications in relation to sick pay, holidays and holiday remuneration, Agricultural Wages Board. The 1977 Order has been amended by the Social Security (Contributions and Benefits) (Northern Ireland) Act 1992 [Ch. 9] and the National Minimum Wage Act (as amended) 1998. (It is interesting to note that the Order was not amended by holiday aspects of the Working Time Regulations (Northern Ireland) 1998 as the Agricultural Wages Board set holidays at 20 days’ holiday during the first year of employment and then after one year it increases to 21 days and eight public holidays, thus complying with the requirements of the above regulations.)

Agricultural Wages (Regulations) (NI) Order

This Order essentially took over from pieces of legislation such as the Factories Act (which still has application), to become the backbone and framework for employers and employees in connection with workplaces and health and safety. The 1978 Order has been extensively amended and added to over the past two decades from a variety of sources including the European Union. The basic contents of the 1978 Order related to issues such as: Health, Safety and Welfare in Connection with Work, and Control of Dangerous Substances (for example, General duties, The Health and Safety Executive for Northern Ireland, Investigations and inquiries, Health and safety regulations and approved codes of practice); The Employment Medical Advisory Service; Miscellaneous and General. As indicated above the 1976 Order has undergone significant alteration from a variety of sources including the following: (NI 18) The Health and Safety at Work (Amendment) (Northern Ireland) Order 1998, Control of Substances Hazardous to Health Regulations (Northern Ireland) 2000, the Management of Health and Safety at Work Regulations (Northern Ireland) 2000, and so on. If you require specific information on aspects of health and safety legislation then you should access the website of the Health and Safety Executive for Northern Ireland - see below

No.1039 (NI9) The Health & Safety at Work

This Order was designed to allow individuals who have been convicted of a wrong in the past an opportunity to not suffer less favourable treatment when the past conviction has become “spent”. The Order details issues such as - rehabilitated persons and spent convictions, rehabilitation of persons dealt with in service disciplinary proceedings, the effect of rehabilitation, rehabilitation periods for particular sentences, the rehabilitation period applicable to a conviction, limitations on rehabilitation under this Order, defamation actions, unauthorised disclosure of spent convictions and orders, and a Schedule on service disciplinary convictions (re : Armed Forces - Army Act 1955, Air Force Act 1955, Naval Discipline Act 1957). As with previous Orders the 1978 Order has been subject to amendments from a variety of sources, including: Criminal Justice (Northern Ireland) Order 1996 and 1998, The Armed Forces Act 1996, Children (Northern Ireland) Order 1995 and the Defamation Act 1996.

No.1908 (NI27) The Rehabilitation of Offenders (NI)

For this period there is no record of significant principal legislation in the field of employment on the OFMDFM/HMSO website.

This Order dealt with the conduct, rules and prohibition in working as an Employment Agency. (This area of law is due for reform under EU provisions post-2003/4.)

No.839 (NI20) The Employment (Miscellaneous Provisions)

For this period there is no record of significant principal legislation in the field of employment on the OFMDFM/HMSO website. However, it should be noted that some Orders were enacted, such as the Industrial Relations (Northern Ireland) Order 1982 (NI 8) and the Industrial Training (Northern Ireland) Order 1984, but these Orders have been significantly amended or repealed by the Industrial Relations (Northern Ireland) Order 1992 No. 807 (NI 5).

This Order repealed previously existing exemptions regarding sex discrimination within an education training context.

No.1641 (NI18) The Sex Discrimination (Amendment)

For this period there is no record of significant principal legislation in the field of employment on the OFMDFM/HMSO website. However, it should be noted that some Orders were enacted, such as the Industrial Relations (Northern Ireland) Order 1987, but this Order has essentially been all but repealed by the Employment Rights (Northern Ireland) Order 1996 No. 1919 (NI 16).

This Order made amendments to the original 1976 Order in relation to sex discrimination in a number of contexts: small undertakings, partnerships, private households, retirement, training and codes of practice and assistance by the then Equal Opportunities Commission for Northern Ireland (now part of the Equality Commission for Northern Ireland).

No.1303 (NI13) The Sex Discrimination (NI) Order

This Order, although not explicitly stated, could be applied to an employment context. The Order deals with the offence of sending letters etc. with intent to cause distress or anxiety. The Order applies, for example, if the content is indecent, grossly offensive, threatening, involving false information. This Order is not well known but the possibilities for interpretation in the context of bullying in the workplace are clear.

No.1849 (NI18) The Malicious Communication (NI) Order

After the Fair Employment (Northern Ireland) Act 1989 came into effect several Statutory Rules relevant to fair employment came into operation including: Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 1989 - dealing with the process of Complaints (for example, applications, appearance, further particulars and witnesses, hearing arrangements, pre-hearing assessments, hearing, procedure at hearing, decisions, reviews, costs, miscellaneous powers); Appeals; and Enforcement. (Note this Statutory Rule was almost entirely repealed and replaced by the Fair Employment Tribunal (Rules of Procedure) (Amendment) Regulations (Northern Ireland) 1999 No. 452. Another Statutory Rule relevant to fair employment was the Fair Employment (Questions and Replies) Regulations 1989 - dealing with forms for asking and answering questions, period for service of questions, manner of service of questions and replies (samples are supplied in Schedules 1 and 2). (Note this Statutory Rule was revoked and replaced by the Fair Employment (Questions and Replies) Regulations 1999 (No. 463). A third set of Statutory Rules in 1989 relevant to fair employment were the Fair Employment (Monitoring) Regulations (Northern Ireland) 1989 - dealing with The Schools List, Monitoring Returns, Obtaining and Retaining Monitoring Information and Offences, and issues such as principal and residuary methods, and so on. (Note this Statutory Rule was revoked and remade by the Fair Employment (Monitoring) Regulations (Northern Ireland) 1999 No. 148.)

(Repealed since 1999)

This Act was the second incarnation of Northern Ireland’s fair employment law. The Act significantly amended the 1976 legislation by creating the then Fair Employment Commission for Northern Ireland (now part of the Equality Commission for Northern Ireland) and the Fair Employment Tribunal for Northern Ireland, and also covered their functions; the Code of Practice for the promotion of equality of opportunity, investigation of practices, new duties of employers in respect of their workforces (registration, public authorities, monitoring, reviews, enquiries, goals, timetables, default, etc.); Discrimination (meaning, complaints, etc.). However, the entire 1989 Act was repealed by the most recent Fair Employment legislation, specifically the Fair Employment and Treatment (Northern Ireland) Order 1998 No. 3162 (NI 21).

The Fair Employment (NI) Order [Ch.32]

This Order made further amendments regarding discrimination in employment and training as well as changes in terms of permissible discrimination, removal of certain restrictions relating to employment and provisions relating to the protection of women at work.

No. 246 (NI2) The Employment (Miscellaneous Provisions)

This Order provided that sums of money payable as a result of a decision of an Industrial Tribunal shall carry interest at the rate in force in relation to interest on amounts awarded by decree in the County Court. The Order goes on to detail issues such as computation of interest, rate of interest, reviews, appeals, and so on.

The Industrial Tribunals (Interest) Order 1990

This Order sets out the rules on access to personal files and medical reports, for example, right of access to certain medical reports, consent to applications for medical reports for employment or insurance purposes, report retention and exemptions. There are provisions linking this Order to the Data Protection Act (1998).

No. 1707 (NI14) The Access to Personal Files & Medical Reports

This Order amended provisions within the original 1976 legislation and the later 1989 legislation with regard to the confidentiality of monitoring information and information in the possession of the then Fair Employment Commission for Northern Ireland (now part of the Equality Commission for Northern Ireland). It also amended time limits for presenting complaints under the 1976 provisions. This Order was repealed and replaced by the No. 3162 (NI 21) Fair Employment and Treatment (Northern Ireland) Order 1998.

This Order details definitions, status and general regulation of trade unions and employers’ associations (for example, listing and certification, property, records and returns and investigation of financial affairs). The Order goes on to detail restrictions on legal liability and legal proceedings covering the enforceability of collective agreements and union membership or recognition requirements in contracts. Interestingly the latter half of the Order details, for example, rights of trade union members, disclosure of information, the Certification Officer and the Commissioner for the Rights of Trade Union Members, and machinery for promoting improvement of industrial relations which covers the Labour Relations Agency, the Industrial Court (before re-constitution in March 2001) and Courts of Inquiry, and Codes of Practice and the meaning of trade dispute.

No. 807 (NI5) The Industrial Relations (NI) Order

This Order provides supplementary provisions in the following areas: right to declaration of invalidity of discriminatory terms and rules and agreements not to take proceedings before industrial tribunals. This Order has been significantly amended by the Employment Rights (Northern Ireland) Order 1996 No. 1919 (NI 16).

No.2668 (NI11) The Industrial Relations (NI) Order

In 1994 there were several employment-related Statutory Rules passed for Northern Ireland covering areas such as: health and safety, fair employment (increase in limits), access to health records, maternity allowance, Industrial Relations (1993 Order) (Commencement No. 2) Order (Northern Ireland) and Industrial Relations (Deregulation and Contracting Out Act 1994) (Commencement) Order (Northern Ireland).

This Order deals with the following: restriction of employers’ right of recovery, transitional and other supplementary provisions, power to make further provision as to recovery.

No. 766 (NI 5) The Statutory Sick Pay (NI) Order