Work and Families Act (Northern Ireland) 2015
2015 CHAPTER 1
An Act to make provision about shared rights to leave from work and statutory pay in connection with caring for children; time off work to accompany to ante-natal appointments or to attend adoption appointments; to make provision about the right to request flexible working; and for connected purposes.
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
PART 1DEFINED EXPRESSIONS IN THIS ACT
Defined expressions in this ActI11
In this Act—
“the Employment Rights Order” means the Employment Rights (Northern Ireland) Order 1996,
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
PART 2SHARED RIGHTS TO LEAVE AND PAY
Other statutory rights
Other statutory rights to leave of prospective adopters with whom looked after children are placedI68
1
The Employment Rights Order is amended as follows.
2
In Article 107A (ordinary adoption leave), after paragraph (1) insert—
1A
The conditions that may be prescribed under paragraph (1) include the condition mentioned in Article 107AB.
3
After that Article, insert—
Ordinary adoption leave: prospective adopters with whom looked after children are placed107AB
1
The condition referred to in Article 107A(1A) is a condition as to the employee—
a
being an approved foster parent,
b
being an approved prospective adopter,
c
being notified by an authority that a child who is looked after by it is to be, or is expected to be, placed with the employee by the authority under Article 27(2)(a) of the Children (Northern Ireland) Order 1995, in the circumstances mentioned in paragraph (2), and
d
satisfying such further conditions as may be prescribed.
2
The circumstances referred to in paragraph (1)(c) are that the authority—
a
is considering adoption for the child, or
b
has decided by virtue of regulation 11 of the Adoption Agencies Regulations (Northern Ireland) 1989 that it is satisfied that adoption is in the best interests of the child.
3
In this Article—
“approved foster parent” means a person approved as a foster parent by the authority under regulation 3 of the Foster Placement (Children) Regulations (Northern Ireland) 1996,
“approved prospective adopter” means a person considered by the authority by virtue of the Adoption Agencies Regulations (Northern Ireland) 1989 to be a person suitable to adopt a child,
“authority” has the same meaning as in the Children (Northern Ireland) Order 1995 (see Article 2(2) and (3) of the Order),
“child who is looked after by an authority” has the same meaning as in that Order (see Articles 2(7)(b) and 25 of the Order).
4
The Department may by order amend the definition of, or substitute another definition for the definition of, “approved foster parent” or “approved prospective adopter” for the time being contained in paragraph (3), in consequence of any modification or replacement of the regulations referred to in the definition.
4
In Article 112B (entitlement to ordinary paternity leave: adoption), in paragraph (5), after sub-paragraph (a) insert—
aa
make provision excluding the right to be absent on leave under this Article in the case of an employee who, by virtue of provision under Article 112BA(1), has already exercised a right to be absent on leave under this Article in connection with the same child;
5
After that Article, insert—
Entitlement to paternity leave: prospective adopters with whom looked after children are placed112BA
1
Regulations made under Article 112B(1) are to include provision for leave in respect of a child who is looked after by an authority and who is to be, or is expected to be, placed by the authority under Article 27(2)(a) of the Children (Northern Ireland) Order 1995, in the circumstances mentioned in paragraph (2), with an approved foster parent who is also an approved prospective adopter.
2
The circumstances are that—
a
the authority—
i
is considering adoption for the child, or
ii
has decided by virtue of regulation 11 of the Adoption Agencies Regulations (Northern Ireland) 1989 that it is satisfied that adoption is in the best interests of the child, and
b
such conditions as may be specified are satisfied.
3
Regulations made under Article 112B(1) are to provide for Article 112B to have effect, in relation to provision made by virtue of paragraph (1), as if—
a
references to a child being placed for adoption or placement for adoption were such references as may be specified,
b
in paragraph (5), sub-paragraph (aa) were omitted.
4
In this Article, “approved foster parent”, “approved prospective adopter”, “authority” and “child who is looked after by an authority” have the same meaning as in Article 107AB.
Other statutory rights to pay of prospective adopters with whom looked after children are placedI79
1
The Contributions and Benefits Act is amended as follows.
2
After section 167ZB (entitlement to ordinary statutory paternity pay: adoption), insert—
Entitlement: prospective adopters with whom looked after children are placed167ZBA
1
Subsection (3) applies in a case involving a child who is looked after by an authority and who is placed by the authority under Article 27(2)(a) of the Children (Northern Ireland) Order 1995, in the circumstances mentioned in paragraph (2), with an approved foster parent who is also an approved prospective adopter.
2
The circumstances are that—
a
the authority—
i
is considering adoption for the child, or
ii
has decided by virtue of regulation 11 of the Adoption Agencies Regulations (Northern Ireland) 1989 that it is satisfied that adoption is in the best interests of the child, and
b
such conditions as may be prescribed are satisfied.
3
Section 167ZB has effect as if the following references or definitions were such references or definitions as may be prescribed—
a
the references in subsection (2) to a child being placed for adoption under the law of any part of the United Kingdom,
b
the reference in subsection (3) to the week in which the adopter is notified of being matched with the child for the purposes of adoption,
c
the reference in subsection (6) to placement for adoption,
d
the definition of “adopter” in subsection (7).
4
Where, by virtue of subsections (1) to (3), a person becomes entitled to statutory paternity pay in connection with the placement of a child as mentioned in those subsections, the person may not become entitled to payments of statutory paternity pay in connection with the placement of the child for adoption.
5
In this section—
“approved foster parent” means a person approved as a foster parent by the authority under regulation 3 of the Foster Placement (Children) Regulations (Northern Ireland) 1996,
“approved prospective adopter” means a person considered by the authority by virtue of the Adoption Agencies Regulations (Northern Ireland) 1989 to be a person suitable to adopt a child,
“authority” has the same meaning as in the Children (Northern Ireland) Order 1995 (see Article 2(2) and (3) of the Order),
“child who is looked after by an authority” has the same meaning as in that Order (see Articles 2(7)(b) and 25 of the Order).
6
The Department may by order amend the definition of, or substitute another definition for the definition of, “approved foster parent” or “approved prospective adopter” for the time being contained in subsection (5), in consequence of any modification or replacement of the regulations referred to in the definition.
3
In section 167ZE (rate and period of statutory paternity pay), after subsection (11) add—
12
Where statutory paternity pay is payable to a person by virtue of section 167ZBA(1) to (3), this section has effect as if the following references were such references as may be prescribed—
a
the references in subsections (3)(b) and (10) to placement for adoption,
b
the references in subsection (10) to being placed for adoption.
4
After section 167ZL (entitlement to statutory adoption pay), insert—
Entitlement: prospective adopters with whom looked after children are placed167ZLA
1
Subsection (3) applies in a case involving a child who is looked after by an authority and who is, or is expected to be, placed by the authority under Article 27(2)(a) of the Children (Northern Ireland) Order 1995, in the circumstances mentioned in paragraph (2), with an approved foster parent who is also an approved prospective adopter.
2
The circumstances are that—
a
the authority—
i
is considering adoption for the child, or
ii
has decided by virtue of regulation 11 of the Adoption Agencies Regulations (Northern Ireland) 1989 that it is satisfied that adoption is in the best interests of the child, and
b
such conditions as may be prescribed are satisfied.
3
Section 167ZL has effect as if the following references or definitions were such references or definitions as may be prescribed—
a
the reference in subsection (2)(a) to a child being placed for adoption under the law of any part of the United Kingdom,
b
the reference in subsection (3) to the week in which the person is notified that he has been matched with the child for the purposes of adoption,
c
the reference in subsection (5) to placement, or expected placement, for adoption.
4
Where, by virtue of subsections (1) to (3), a person becomes entitled to statutory adoption pay in respect of a child who is, or is expected to beplaced as mentioned in subsection (1), the person may not become entitled to payments of statutory adoption pay as a result of the child being, or being expected to be, placed for adoption.
5
In this section, “approved foster parent”, “approved prospective adopter”, “authority” and “child who is looked after by an authority” have the same meaning as in section 167ZBA.
5
In section 167ZN (rate and period of statutory adoption pay), after subsection (8) add—
9
Where statutory adoption pay is payable to a person by virtue of section 167ZLA(1) to (3), this section has effect as if the reference in subsection (2F) to the week in which the person is notified that he has beenmatched with a child for the purposes of adoption were such reference as may be prescribed.
Other statutory rights to leave of applicants for parental ordersI810
1
The Employment Rights Order is amended as follows.
2
After Article 107AB (ordinary adoption leave: prospective adopters with whom looked after children are placed) (inserted by section 8(3)), insert—
Power to apply Article 107A to other cases107AC
The Department may by regulations provide for Article 107A to have effect in relation to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as may be prescribed
3
After Article 107B (additional adoption leave), insert—
Power to apply Article 107B to other cases107BA
The Department may by regulations provide for Article 107B to have effect in relation to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as may be prescribed
4
In Article 107D (supplemental provision about adoption leave), after paragraph (1) insert—
1A
Where Article 107A or 107B has effect in relation to such cases as are described in Article 107AC or 107BA, regulations under Article 107A or 107B about evidence to be produced may require statutory declarations as to—
a
eligibility to apply for a parental order,
b
intention to apply for such an order.
5
After Article 112BA (entitlement to paternity leave: prospective adopters with whom looked after children placed) (inserted by section 8(5)), insert—
Power to apply Article 112B to other cases112BAA
The Department may by regulations provide for Article 112B to have effect in relation to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as may be specified
Other statutory rights to pay of applicants for parental ordersI911
1
The Contributions and Benefits Act is amended as follows.
2
In section 167ZK (power to apply Part 12ZA, statutory paternity pay, to adoption cases not involving placement)—
a
in the title, for “adoption cases not involving placement”, substitute “
other cases
”
,
b
the existing text becomes subsection (1),
c
after that subsection add—
2
The Department may by regulations provide for this Part to have effect in relation to cases which involve a person who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as may be prescribed.
3
In section 167ZT (power to apply Part 12ZB, statutory adoption pay, to adoption cases not involving placement)—
a
in the title, for “adoption cases not involving placement”, substitute “
other cases
”
,
b
the existing text becomes subsection (1),
c
after that subsection add—
2
The Department may by regulations provide for this Part to have effect in relation to cases which involve a person who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as may be prescribed.
3
Regulations under subsection (2) may modify section 167ZL(8)(c) so as to enable regulations made by virtue of section 167ZL(8) to impose requirements to make statutory declarations as to—
a
eligibility to apply for a parental order,
b
intention to apply for such an order.
Statutory paternity pay: notice requirement and period of payment12
I101
The Contributions and Benefits Act is amended as follows.
I102
In section 167ZC (further provision as to entitlement to statutory paternity pay)—
a
in subsection (1) (requirement to give notice), for the words from “only if” to the end substitute “
only if he gives the person who will be liable to pay it notice of the week or weeks in respect of which he expects there to be liability to pay him statutory paternity pay.
”
,
b
after that subsection insert—
1A
Regulations may provide for the time by which notice under subsection (1) is to be given.
3
In section 167ZE (rate and period of statutory paternity pay)—
a
in subsection (2) (period of pay), for the words from “be payable” to the end substitute
be payable in respect of—
a
such week within the qualifying period; or
b
such number of weeks, not exceeding the prescribed number of weeks, within the qualifying period,
as he may choose in accordance with regulations.
b
after subsection (2) insert—
2A
Provision under subsection (2)(b) is to secure that the prescribed number of weeks is not less than two.
c
after subsection (2A) (as inserted by paragraph (b)) insert—
2B
Regulations under subsection (2) may permit a person entitled to receive statutory paternity pay to choose to receive such pay in respect of non-consecutive periods each of which is a week or a number of weeks.
4
In section 172 (Assembly control of regulations and orders), in subsection (2) (regulations to which confirmatory procedure applies), in paragraph (a), after “section 167ZE(1)” insert “
or (2)(b)
”
.
Rate of statutory adoption payI4013
1
The Contributions and Benefits Act is amended as follows.
2
In section 167ZN (rate and period of statutory adoption pay)—
a
omit subsection (1) (rate of pay),
b
after subsection (2D) (as inserted by section 6(6)) insert—
2E
Statutory adoption pay shall be payable to a person—
a
at the earnings-related rate, in respect of the first 6 weeks in respect of which it is payable; and
b
at whichever is the lower of the earnings-related rate and such weekly rate as may be prescribed, in respect of the remaining portion of the adoption pay period.
2F
The earnings-related rate is a weekly rate equivalent to 90 per cent of a person's normal weekly earnings for the period of 8 weeks ending with the week in which the person is notified that the person has been matched with a child for the purposes of adoption.
2G
The weekly rate prescribed under subsection (2E)(b) shall not be less than the weekly rate of statutory sick pay for the time being specified in section 153(1) or, if two or more such rates are for the time being so specified, the higher or highest of those rates.
c
in subsection (7), for “subsection (2)” substitute “
subsections (2) and (2E)
”
.
3
In section 172 (Assembly control of regulations and orders), in subsection (2) (regulations to which confirmatory procedure applies), in paragraph (a), omit the words “or section 167ZN(1)”.
Further amendments14
I26I501
Schedule 1 (which contains further amendments relating to statutory rights to leave and pay) has effect.
I412
A reference to ordinary statutory paternity pay in an instrument or document made before the coming into operation of sub-paragraphs (8) and (9) of paragraph 2 of Schedule 1 is to be read, in relation to any time after the coming into operation of those paragraphs, as a reference to statutory paternity pay.
I413
A reference to statutory paternity pay in a statutory provision (including a statutory provision amended by this Act) or in an instrument or document is to be read, in relation to any time that falls—
a
after the coming into operation of paragraphs 11 and 12 of Schedule 1 to the Work and Families (Northern Ireland) Order 2006, but
b
before the coming into operation of sub-paragraphs (8) and (9) of paragraph 2 of Schedule 1,
as a reference to ordinary statutory paternity pay.
I414
Subsection (3) does not apply to the extent that a reference to statutory paternity pay is a reference to additional statutory paternity pay.
I415
In this section, “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
PART 3TIME OFF WORK: ANTE-NATAL CARE, ADOPTION APPOINTMENTS
Time off work to accompany to ante-natal appointmentsI1115
1
The Employment Rights Order is amended as follows.
2
After Article 85ZD insert—
Accompanying to ante-natal appointments
Right to time off to accompany to ante-natal appointments85ZE
1
An employee who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.
2
In relation to any particular pregnancy, an employee is not entitled to take time off for the purpose specified in paragraph (1) on more than two occasions.
3
On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.
4
An employee is not entitled to take time off for the purpose specified in paragraph (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered health visitor.
5
Where the employer requests the employee to give the employer a declaration signed by the employee, the employee is not entitled to take time off for the purpose specified in paragraph (1) unless the employee gives that declaration (which may be given in electronic form).
6
The employee must state in the declaration—
a
that the employee has a qualifying relationship with a pregnant woman or her expected child,
b
that the employee's purpose in taking time off is the purpose specified in paragraph (1),
c
that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered health visitor, and
d
the date and time of the appointment.
7
A person has a qualifying relationship with a pregnant woman or her expected child if—
a
the person is the husband or civil partner of the pregnant woman,
b
the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman,
c
the person is the father of the expected child,
d
the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, or
e
the person is a potential applicant for a parental order under section 54 of that Act in respect of the expected child.
8
For the purposes of paragraph (7), a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle.
9
The references to relationships in paragraph (8)—
a
are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
b
include the relationship of a child with the child's adoptive, or former adoptive, parents,
but do not include any other adoptive relationships.
10
For the purposes of paragraph (7)(e), a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
a
A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by subsection (3) of that section,
b
the expected child is being carried by the pregnant woman as a result of such procedure as is described in subsection (1)(a) of that section,
c
the requirement in subsection (1)(b) of that section is satisfied by reference to A or B,
d
A and B would satisfy subsection (2) of that section if they made an application under that section at the time that A seeks to exercise the right under this Article, and
e
A expects that A and B will satisfy the conditions in subsections (2), (4), (5) and (8) of that section as regards the intended application.
11
For the purposes of this Article, the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.
Complaint to industrial tribunal85ZF
1
An employee may present a complaint to an industrial tribunal that his or her employer has unreasonably refused to let him or her take time off as required by Article 85ZE.
2
An industrial tribunal may not consider a complaint under this Article unless it is presented—
a
before the end of the period of three months beginning with the day of the appointment in question, or
b
within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
3
Where an industrial tribunal finds a complaint under paragraph (1) well-founded, it—
a
must make a declaration to that effect, and
b
must order the employer to pay to the employee an amount determined in accordance with paragraph (4).
4
The amount payable to the employee is—
where—
- a
A is the appropriate hourly rate for the employee, and
- b
B is the number of working hours for which the employee would have been entitled under Article 85ZE to be absent if the time off had not been refused.
5
The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off would have been taken.
6
But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay is to be divided instead by—
a
the average number of normal working hours, calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken, or
b
where the employee has not been employed for a sufficient period to enable the calculation to be made under sub-paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in paragraph (7) as are appropriate in the circumstances.
7
The considerations referred to in paragraph (6)(b) are—
a
the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and
b
the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.
Accompanying to ante-natal appointments: agency workers
Right to time off to accompany to ante-natal appointments: agency workers85ZG
1
An agency worker who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted, by the temporary work agency and the hirer, to take time off during the agency worker's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.when she attends by appointment at any place for the purpose of receiving ante-natal care.
2
In relation to any particular pregnancy, an agency worker is not entitled to take time off for the purpose specified in paragraph (1) on more than two occasions.
3
On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.
4
An agency worker is not entitled to take time off for the purpose specified in paragraph (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered health visitor.
5
Where the temporary work agency or the hirer requests the agency worker to give that person a declaration signed by the agency worker, the agency worker is not entitled to take time off for the purpose specified in paragraph (1) unless the agency worker gives that declaration (which may be given in electronic form).
6
The agency worker must state in the declaration—
a
that the agency worker has a qualifying relationship with a pregnant woman or her expected child,
b
that the agency worker's purpose in taking time off is the purpose specified in paragraph (1),
c
that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered health visitor, and
d
the date and time of the appointment.
7
A person has a qualifying relationship with a pregnant woman or her expected child if—
a
the person is the husband or civil partner of the pregnant woman,
b
the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman,
c
the person is the father of the expected child,
d
the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, or
e
the person is a potential applicant for a parental order under section 54 of that Act in respect of the expected child.
8
For the purposes of paragraph (7), a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle.
9
The references to relationships in paragraph (8)—
a
are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
b
include the relationship of a child with the child's adoptive, or former adoptive, parents,
but do not include any other adoptive relationships.
10
For the purposes of paragraph (7)(e), a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
a
A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by subsection (3) of that section,
b
the expected child is being carried by the pregnant woman as a result of such procedure as is described in subsection (1)(a) of that section,
c
the requirement in subsection (1)(b) of that section is satisfied by reference to A or B,
d
A and B would satisfy subsection (2) of that section if they made an application under that section at the time that A seeks to exercise the right under this Article, and
e
A expects that A and B will satisfy the conditions in subsections (2), (4), (5) and (8) of that section as regards the intended application.
11
For the purposes of this Article, the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.
Complaint to industrial tribunal: agency workers85ZH
1
An agency worker may present a complaint to an industrial tribunal that the temporary work agency has unreasonably refused to let him or her take time off as required by Article 85ZG.
2
An agency worker may present a complaint to an industrial tribunal that the hirer has unreasonably refused to let him or her take time off as required by Article 85ZG.
3
An industrial tribunal may not consider a complaint under paragraph (1) or (2) unless it is presented—
a
before the end of the period of three months beginning with the day of the appointment in question, or
b
within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
4
Where an industrial tribunal finds a complaint under paragraph (1) or (2) well-founded, it—
a
must make a declaration to that effect, and
b
must order the payment to the agency worker of an amount determined in accordance with paragraph (6).
5
Where the tribunal orders that payment under paragraph (4) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.
6
The amount payable to the agency worker is—
where—
- a
A is the appropriate hourly rate for the agency worker, and
- b
B is the number of working hours for which the agency worker would have been entitled under Article 85ZG to be absent if the time off had not been refused.
7
The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off would have been taken.
8
But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay is to be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken.
Agency workers: supplementary85ZI
1
Without prejudice to any other duties of the hirer or temporary work agency under any statutory provision or rule of law, Articles 85ZG and 85ZH do not apply where the agency worker—
a
has not completed the qualifying period, or
b
pursuant to regulation 8(a) or (b) of the Agency Workers Regulations (Northern Ireland) 2011, is no longer entitled to the rights conferred by regulation 5 of those Regulations.
2
Nothing in Articles 85ZG and 85ZH imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer.
3
Articles 85ZG and 85ZH do not apply where Articles 85ZE and 85ZF apply.
4
In this Article and Articles 85ZG and 85ZH the following have the same meaning as in the Agency Workers Regulations (Northern Ireland) 2011 (see regulations 2(2), 3, 4 and 7 of the regulations)—
“agency worker”,
“assignment”,
“hirer”,
“qualifying period”,
“temporary work agency”.
3
In Article 21 (the calculation date in finding a week's pay), after paragraph (3) insert—
3A
Where the calculation is for the purposes of Article 85ZF, the calculation date is the day of the appointment.
4
In Article 70C (right not to be subject to detriment: leave for family and domestic reasons), in paragraph (2) (prescribed reasons), after sub-paragraph (a) insert—
aa
time off under Article 85ZE,
5
In Article 131 (being regarded as unfairly dismissed: leave for family reasons), in paragraph (3) (prescribed kinds of reasons or prescribed circumstances), after paragraph (a) insert—
aa
time off under Article 85ZE,
Time off work for ante-natal care: increased amount of awardI1216
1
The Employment Rights Order is amended as follows.
2
In Article 85 (complaints to industrial tribunals where time off work for ante-natal care refused to employee), in paragraph (4) (amount of award for unreasonable refusal), for “an amount equal to” substitute “
an amount that is twice the amount of
”
.
3
In Article 85ZC (complaints to industrial tribunals where time off work for ante-natal care refused to agency worker), in paragraph (5) (amount of award for unreasonable refusal), for “an amount equal to” substitute “
an amount that is twice the amount of
”
.
Time off work to attend adoption appointments17
I421
The Employment Rights Order is amended as follows.
I422
After Article 85ZI (as inserted by section 15(2)) insert—
Adoption appointments
Right to paid time off to attend adoption appointments85ZJ
1
An employee who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee alone is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
2
An employee who—
a
has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and
b
has elected to exercise the right to take time off under this Article in connection with the adoption,
is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
3
An employee may not make an election for the purposes of paragraph (2)(b) if—
a
the employee has made an election for the purposes of Article 85ZL(1)(b) in connection with the adoption, or
b
the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of paragraph (2)(b) or Article 85ZN(2)(b) in connection with the adoption.
4
An employee is not entitled to take time off under this Article on or after the date of the child's placement for adoption with the employee.
5
In relation to any particular adoption, an employee is not entitled to take time off under this Article on more than five occasions.
6
On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.
7
An employee is not entitled to take time off under this Article unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in paragraph (1) or (2)(a).
8
An employee is not entitled to take time off under paragraph (1) unless, if the employer requests it, the employee gives the employer a document showing the date and time of the appointment in question and that it has been arranged as described in paragraph (7).
9
An employee is not entitled to take time off under paragraph (2) unless, if the employer requests it, the employee gives the employer—
a
a declaration signed by the employee stating that the employee has made an election for the purposes of paragraph (2)(b) in connection with the adoption, and
b
a document showing the date and time of the appointment in question and that it has been arranged as described in paragraph (7).
10
A document or declaration requested under paragraph (8) or (9) may be given in electronic form.
11
In cases where more than one child is to be, or is expected to be, placed for adoption with an employee as part of the same arrangement, this Article has effect as if—
a
the purposes specified in paragraphs (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement,
b
the references in paragraphs (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement,
c
the references in paragraph (3) to the adoption were references to any of the adoptions that are part of the arrangement,
d
the reference in paragraph (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement,
e
the reference in paragraph (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
12
For the purposes of this Article the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.
13
In this Article, an “adoption agency” means an adoption agency for the purposes of the Adoption (Northern Ireland) Order 1987 (see Articles 2(2) and 3(3) of the Order).
Right to remuneration for time off under Article 85ZJ85ZK
1
An employee who is permitted to take time off under Article 85ZJ is entitled to be paid remuneration by his or her employer for the number of working hours for which the employee is entitled to be absent, at the appropriate hourly rate.
2
The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken.
3
But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay is to be divided instead by—
a
the average number of normal working hours, calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or
b
where the employee has not been employed for a sufficient period to enable the calculation to be made under sub-paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in paragraph (4) as are appropriate in the circumstances.
4
The considerations referred to in paragraph (3)(b) are—
a
the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and
b
the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.
5
A right to any amount under paragraph (1) does not affect any right of an employee in relation to remuneration under the employee's contract of employment (“contractual remuneration”).
6
Any contractual remuneration paid to an employee in respect of a period of time off under Article 85ZJ goes towards discharging any liability of the employer to pay remuneration under paragraph (1) in respect of that period.
7
Any payment of remuneration under paragraph (1) in respect of a period of time off under Article 85ZJ goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
Right to unpaid time off to attend adoption appointments85ZL
1
An employee who—
a
has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and
b
has elected to exercise the right to take time off under this Article in connection with the adoption,
is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
2
An employee may not make an election for the purposes of paragraph (1)(b) if—
a
the employee has made an election for the purposes of Article 85ZJ(2)(b) in connection with the adoption, or
b
the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of paragraph (1)(b) or Article 85ZP(1)(b) in connection with the adoption.
3
An employee is not entitled to take time off under this Article on or after the date of the child's placement for adoption with the employee.
4
In relation to any particular adoption, an employee is not entitled to take time off under this Article on more than two occasions.
5
On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.
6
An employee is not entitled to take time off under this Article unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in paragraph (1)(a).
7
An employee is not entitled to take time off under this Article unless, if the employer requests it, the employee gives the employer—
a
a declaration signed by the employee stating that the employee has made an election for the purposes of paragraph (1)(b) in connection with the adoption, and
b
a document showing the date and time of the appointment in question and that it has been arranged as described in paragraph (6).
8
A declaration or document requested under paragraph (7) may be given in electronic form.
9
In cases where more than one child is to be, or is expected to be, placed for adoption with an employee and another person jointly as part of the same arrangement, this Article has effect as if—
a
the purposes specified in paragraph (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement,
b
the references in paragraphs (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement,
c
the references in paragraph (2) to the adoption were references to any of the adoptions that are part of the arrangement,
d
the reference in paragraph (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement,
e
the reference in paragraph (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
10
For the purposes of this Article, the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.
11
In this Article, “adoption agency” has the same meaning as in Article 85ZJ.
Complaint to industrial tribunal85ZM
1
An employee may present a complaint to an industrial tribunal that his or her employer—
a
has unreasonably refused to let him or her take time off as required by Article 85ZJ or 85ZL, or
b
has failed to pay the whole or any part of any amount to which the employee is entitled under Article 85ZK.
2
An industrial tribunal may not consider a complaint under this Article unless it is presented—
a
before the end of the period of three months beginning with the day of the appointment in question, or
b
within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
3
Where an industrial tribunal finds a complaint under paragraph (1) well-founded, it must make a declaration to that effect.
4
If the complaint is that the employer has unreasonably refused to let the employee take time off as required by Article 85ZJ, the tribunal must also order the employer to pay to the employee an amount that is twice the amount of the remuneration to which the employee would have been entitled under Article 85ZK if the employer had not refused.
5
If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under Article 85ZK, the tribunal must also order the employer to pay to the employee the amount which it finds due to the employee.
6
If the complaint is that the employer has unreasonably refused to let the employee take time off as required by Article 85ZL, the tribunal must also order the employer to pay to the employee an amount determined in accordance with paragraph (7).
7
The amount payable to the employee is—
where—
- a
A is the appropriate hourly rate for the employee determined in accordance with Article 85ZK(2) to (4), and
- b
B is the number of working hours for which the employee would have been entitled under Article 85ZL to be absent if the time off had not been refused.
Adoption appointments: agency workers
Right to paid time off to attend adoption appointments: agency workers85ZN
1
An agency worker who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker alone is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
2
An agency worker who—
a
has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker and another person jointly, and
b
has elected to exercise the right to take time off under this Article in connection with the adoption,
is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
3
An agency worker may not make an election for the purposes of paragraph (2)(b) if—
a
the agency worker has made an election for the purposes of Article 85ZP(1)(b) in connection with the adoption, or
b
the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of paragraph (2)(b) or Article 85ZJ(2)(b) in connection with the adoption.
4
An agency worker is not entitled to take time off under this Article on or after the date of the child's placement for adoption with the agency worker.
5
In relation to any particular adoption, an agency worker is not entitled to take time off under this Article on more than five occasions.
6
On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.
7
An agency worker is not entitled to take time off under this Article unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in paragraph (1) or (2)(a).
8
An agency worker is not entitled to take time off under paragraph (1) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person a document showing the date and time of the appointment in question and that it has been arranged as described in paragraph (7).
9
An agency worker is not entitled to take time off under paragraph (2) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person—
a
a declaration signed by the agency worker stating that the agency worker has made an election for the purposes of paragraph (2)(b) in connection with the adoption, and
b
a document showing the date and time of the appointment in question and that it has been arranged as described in paragraph (7).
10
A document or declaration requested under paragraph (8) or (9) may be given in electronic form.
11
In cases where more than one child is to be, or is expected to be, placed for adoption with an agency worker as part of the same arrangement, this Article has effect as if—
a
the purposes specified in paragraphs (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement,
b
the references in paragraphs (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement,
c
the references in paragraph (3) to the adoption were references to any of the adoptions that are part of the arrangement,
d
the reference in paragraph (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement,
e
the reference in paragraph (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
12
For the purposes of this Article the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.
13
In this Article “adoption agency” has the same meaning as in Article 85ZJ.
Right to remuneration for time off under Article 85ZN85ZO
1
An agency worker who is permitted to take time off under Article 85ZN is entitled to be paid remuneration by the temporary work agency for the number of working hours for which the agency worker is entitled to be absent at the appropriate hourly rate.
2
The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off is taken.
3
But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay is to be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken.
4
A right to any amount under paragraph (1) does not affect any right of an agency worker in relation to remuneration under the agency worker's contract with the temporary work agency (“contractual remuneration”).
5
Any contractual remuneration paid to an agency worker in respect of a period of time off under Article 85ZN goes towards discharging any liability of the temporary work agency to pay remuneration under paragraph (1) in respect of that period.
6
Any payment of remuneration under paragraph (1) in respect of a period of time off under Article 85ZN goes towards discharging any liability of the temporary work agency to pay contractual remuneration in respect of that period.
Right to unpaid time off to attend adoption appointments: agency workers85ZP
1
An agency worker who—
a
has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker and another person jointly, and
b
has elected to exercise the right to take time off under this Article in connection with the adoption,
is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
2
An agency worker may not make an election for the purposes of paragraph (1)(b) if—
a
the agency worker has made an election for the purposes of Article 85ZN(2)(b) in connection with the adoption, or
b
the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of paragraph (1)(b) or Article 85ZL(1)(b) in connection with the adoption.
3
An agency worker is not entitled to take time off under this Article on or after the date of the child's placement for adoption with the agency worker.
4
In relation to any particular adoption, an agency worker is not entitled to take time off under this Article on more than two occasions.
5
On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.
6
An agency worker is not entitled to take time off under this Article unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in paragraph (1)(a).
7
An agency worker is not entitled to take time off under this Article unless, if the temporary work agency or the hirer requests it, the agency worker gives that person—
a
a declaration signed by the agency worker stating that the agency worker has made an election for the purposes of paragraph (1)(b) in connection with the adoption, and
b
a document showing the date and time of the appointment in question and that it has been arranged as described in paragraph (6).
8
A declaration or document requested under paragraph (7) may be given in electronic form.
9
In cases where more than one child is to be, or is expected to be, placed for adoption with an agency worker and another person jointly as part of the same arrangement, this Article has effect as if—
a
the purposes specified in paragraph (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement,
b
the references in paragraphs (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement,
c
the references in paragraph (2) to the adoption were references to any of the adoptions that are part of the arrangement,
d
the reference in paragraph (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement,
e
the reference in paragraph (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
10
For the purposes of this Article the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.
11
In this Article, “adoption agency” has the same meaning as in Article 85ZJ.
Complaint to industrial tribunal: agency workers85ZQ
1
An agency worker may present a complaint to an industrial tribunal that the temporary work agency—
a
has unreasonably refused to let him or her take time off as required by Article 85ZN or 85ZP, or
b
has failed to pay the whole or any part of any amount to which the agency worker is entitled under Article 85ZO.
2
An agency worker may present a complaint to an industrial tribunal that the hirer has unreasonably refused to let him or her take time off as required by Article 85ZN or 85ZP.
3
An industrial tribunal may not consider a complaint under sub-paragraph (1) or (2) unless it is presented—
a
before the end of the period of three months beginning with the day of the appointment in question, or
b
within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
4
Where an industrial tribunal finds a complaint under paragraph (1) or (2) well-founded, it must make a declaration to that effect.
5
If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by Article 85ZN, the tribunal must also order payment to the agency worker of an amount that is twice the amount of the remuneration to which the agency worker would have been entitled under Article 85ZO if the agency worker had not been refused the time off.
6
If the complaint is that the temporary work agency has failed to pay the agency worker the whole or part of any amount to which the agency worker is entitled under Article 85ZO, the tribunal must also order the temporary work agency to pay to the agency worker the amount which it finds due to the agency worker.
7
If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required byArticle 85ZP, the tribunal must also order payment to the agency worker of an amount determined in accordance with sub-paragraph (8).
8
The amount payable to the agency worker under paragraph (7) is—
where—
- a
A is the appropriate hourly rate for the agency worker determined in accordance with Article 85ZO(2) and (3), and
- b
B is the number of working hours for which the agency worker would have been entitled under Article 85ZP to be absent if the time off had not been refused.
9
Where the tribunal orders that payment under paragraph (5) or (7) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.
Agency workers: supplementary85ZR
1
Without prejudice to any other duties of the hirer or temporary work agency under any statutory provision or rule of law, Articles 85ZN to 85ZQ do not apply where the agency worker—
a
has not completed the qualifying period, or
b
pursuant to regulation 8(a) or (b) of the Agency Workers Regulations (Northern Ireland) 2011, is no longer entitled to the rights conferred by regulation 5 of those Regulations.
2
Nothing in Articles 85ZN to 85ZQ imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer.
3
Articles 85ZN to 85ZQ do not apply where Articles 85ZJ to 85ZM apply.
4
In this Article and Articles 85ZN to 85ZQ the following have the same meaning as in the Agency Workers Regulations (Northern Ireland) 2011 (see regulations 2(2), 3, 4 and 7 of the regulations)—
“agency worker”,
“assignment”,
“hirer”,
“qualifying period”,
“temporary work agency”.
Entitlement: prospective adopters with whom looked after children are placed85ZS
1
Paragraph (3) applies where an authority notifies a person who is an approved foster parent and an approved prospective adopter that a child who is looked after by it is to be, or is expected to be, placed with the person by the authority, in the circumstances mentioned in paragraph (2), under Article 27(2)(a) of the Children (Northern Ireland) Order 1995.
2
The circumstances are that—
a
the authority—
i
is considering adoption for the child, or
ii
has decided by virtue of regulation 11 of the Adoption Agencies Regulations (Northern Ireland) 1989 that it is satisfied that adoption is in the best interests of the child, and
b
such conditions as may be specified in regulations made by the Department are satisfied.
3
Where this paragraph applies, Articles 85ZJ, 85ZL, 85ZN and 85ZP have effect as if references to adoption, an adoption agency, placement for adoption or placing for adoption were such references as may be specifiedin regulations made by the Department.
4
Where a child is placed by an authority as referred to in paragraphs (1) and (2), notification of the person by an adoption agency during the placement that the child is to be, or is expected to be, placed with the person for adoption is not to give rise to a right to time off under Article 85ZJ, 85ZL, 85ZN or 85ZP for the person or another person.
5
In this Article—
“adoption agency” has the same meaning as in Article 85ZJ,
“approved foster parent” means a person approved as a foster parent by the authority under regulation 3 of the Foster Placement (Children) Regulations (Northern Ireland) 1996,
“approved prospective adopter” means a person considered by the authority by virtue of the Adoption Agencies Regulations (Northern Ireland) 1989 to be a person suitable to adopt a child,
“authority” has the same meaning as in the Children (Northern Ireland) Order 1995 (see Article 2(2) and (3) of the Order),
“child who is looked after by an authority” has the same meaning as in that Order (see Articles 2(7)(b) and 25 of the Order).
6
The Department may by order amend the definition of, or substitute another definition for the definition of, “approved foster parent” or “approved prospective adopter” for the time being contained in paragraph (5), in consequence of any modification or replacement of the regulations referred to in the definition.
I423
In Article 21 (the calculation date in finding a week's pay), after paragraph (3A) (as inserted by section 15(3)) insert—
3B
Where the calculation is for the purposes of Article 85ZK or 85ZM, the calculation date is the day of the appointment.
I134
In Article 70C (right not to be subject to detriment: leave for family and domestic reasons), in paragraph (2) (prescribed reasons), after sub-paragraph (aa) (as inserted by section 15(4)) insert—
ab
time off under Article 85ZJ or 85ZL,
I135
In Article 112B (entitlement to ordinary paternity leave: adoption), in paragraph (5) (provision that may be made in regulations under paragraph (1)), after sub-paragraph (b) insert—
ba
make provision excluding the right to be absent on leave under this Article in the case of an employee who has exercised a right to take time off under Article 85ZJ;
I136
In Article 131 (being regarded as unfairly dismissed: leave for family reasons), in paragraph (3) (prescribed reasons), after sub-paragraph (aa) (as inserted by section 15(5)) insert—
ab
time off under Article 85ZJ or 85ZL,
Right not to be subjected to detriment: agency workers18
I141
The Employment Rights Order is amended as follows.
I27I512
In Article 70C (right not to be subjected to detriment for taking leave for family and domestic reasons), after paragraph (3) add—
4
An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the temporary work agency or the hirer done on the ground that—
a
being a person entitled to the following time off or remuneration, the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration—
i
time off under Article 85ZA, and
ii
remuneration under Article 85ZB in respect of that time off,
b
being a person entitled to time off under Article 85ZG, the agency worker exercised (or proposed to exercise) that right,
c
being a person entitled to the following time off or remuneration, the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration—
i
time off under Article 85ZN, and
ii
remuneration under Article 85ZO in respect of that time off, or
d
being a person entitled to time off under Article 85ZP, the agency worker exercised (or proposed to exercise) that right.
5
Paragraph (4) does not apply where the agency worker is an employee.
6
In this Article, the following have the same meaning as in the Agency Workers Regulations (Northern Ireland) 2011 (see regulations 2(2), 3 and 4 of the regulations)—
“agency worker”,
“hirer”,
“temporary work agency”
I153
In Article 71 (complaints to industrial tribunals)—
a
in paragraph (1) for “70C” substitute “
70C(1)
”
,
b
after paragraph (1A) insert—
1AA
An agency worker may present a complaint to an industrial tribunal that the agency worker has been subjected to a detriment in contravention of Article 70C(4) by the temporary work agency or the hirer.
c
in paragraph (2) for “this Article” substitute “
paragraph (1), (1ZA), (1A) or (1B)
”
,
d
after that paragraph insert—
2A
On a complaint under paragraph (1AA) it is for the temporary work agency or (as the case may be) the hirer to show the ground on which any act, or deliberate failure to act, was done.
e
in paragraph (4) after “an employer” insert “
, a temporary work agency or a hirer
”
,
f
after paragraph (5) add—
6
In—
a
this Article, “agency worker”, and
b
this Article and Article 72, “hirer” and “temporary work agency”,
have the same meaning as in the Agency Workers Regulations (Northern Ireland) 2011.
I154
In Article 72 (remedies in the case of complaints to an industrial tribunal)—
a
in paragraph (1) for “Article 71” substitute “
Article 71(1), (1ZA), (1A) or (1B)
”
,
b
after that paragraph insert—
1A
Where an industrial tribunal finds a complaint under Article 71(1AA) well-founded, the tribunal—
a
shall make a declaration to that effect, and
b
may make an award of compensation to be paid by the temporary work agency or (as the case may be) the hirer to the complainant in respect of the act or failure to act to which the complaint relates.
PART 4OTHER EMPLOYMENT RIGHTS: MISCELLANEOUS
Flexible working: removal of requirement to be a carerI4319
1
Article 112F of the Employment Rights Order is amended as follows.
2
In paragraph (1) (conditions for exercising right to request flexible working)—
a
omit the word “and” following sub-paragraph (a),
b
omit sub-paragraph (b) (condition that employee's purpose be to enable caring for a child or adult).
3
In paragraph (2)—
a
after sub-paragraph (b) insert “
and
”
,
b
omit the word “and” following sub-paragraph (c),
c
omit sub-paragraph (d) (application to explain how employee meets conditions as to relationship mentioned in paragraph (1)(b)).
4
Omit paragraph (9) (definitions for paragraphs (1)(b) and (2)(d)).
Procedure for regulations as to prescribed amount of annual leaveI1620
In Article 15 of the Work and Families (Northern Ireland) Order 2006, (power by regulations to make provision conferring right, except in prescribed cases, to prescribed amount of annual leave in each leave year), in paragraph (6), for the words from “shall—” to the end substitute “
shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly
”
.
PART 5GENERAL PROVISIONS
Supplementary, incidental and consequential etc. provision21
1
The Department may by order make such supplementary, incidental, consequential, transitional, transitory or saving provision as it considers appropriate—
a
for the purposes of, or in consequence of, or for giving full effect to, this Act or any provision of it,
b
in connection with the coming into operation of any provision of this Act.
2
An order under subsection (1) may amend, repeal, revoke or otherwise modify any statutory provision (including this Act).
3
In subsection (2), “modify” includes the making of additions, omissions and exceptions.
4
Except as mentioned in subsection (5), an order made under this section is subject to negative resolution.
5
An order under subsection (1) containing provision which adds to, replaces or omits any part of the text of Northern Ireland legislation or an Act of Parliament is not to be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.
6
In this section—
a
“the Department” means the Department for Employment and Learning,
b
“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
RepealsI17I5722
The provisions set out in the first column of Schedule2 are repealed to the extent specified in the second column of the Schedule.
Commencement23
1
This Act, except this section and sections 21 and 24, comes into operation on such day or days as the Department may by order appoint.
2
Without prejudice to section 21(1), an order under subsection (1) may contain such transitional, transitory or saving provision as the Department considers necessary or expedient in connection with any provision brought into operation by the order.
3
In this section, “the Department” has the same meaning as in section 21.
Short title24
This Act may be cited as the Work and Families Act (Northern Ireland) 2015.
SCHEDULES
SCHEDULE 1Minor and consequential amendments
Social Security (Northern Ireland) Order 1989 (NI 13)
1
I181
Schedule 5 to the Social Security (Northern Ireland) Order 1989 is amended as follows.
2
In paragraph 5A (schemes that contain unfair paternity leave provisions)—
I44a
in sub-paragraph (3) (how scheme affected), in the words following paragraph (b), for “, ordinary statutory paternity pay or additional statutory paternity pay” substitute “
or statutory paternity pay
”
,
b
in sub-paragraph (4) (definitions)—
I28c
in sub-paragraph (5)(b), for “the Social Security Contributions and Benefits (Northern Ireland) Act 1992” substitute “
the Contributions and Benefits Act
”
,
I28d
in sub-paragraph (7) (type of paid paternity leave: where adoption does not involve placement for adoption under the law of any part of the United Kingdom), for “section 167ZK” substitute “
section 167ZK(1)
”
,
I29I58e
after sub-paragraph (7) insert—
7A
This sub-paragraph applies if—
a
the member's absence from work is due to the placement or expected placement of a child as mentioned in section 167ZBA(1) and (2) of the Contributions and Benefits Act (cases involving the placing of a child under Article 27(2)(a) of the Children (Northern Ireland) Order 1995 with a person who is an approved foster parent and an approved prospective adopter), and
b
in relation to that child, the member satisfies the conditions prescribed under section 167ZB(2)(a)(i) and (ii) of that Act, as modified by virtue of section 167ZBA(1) to (3) of that Act (in relation to such cases).
7B
This sub-paragraph applies if—
a
the member's absence from work is due to the birth or expected birth of a child, and
b
in relation to that child, the member satisfies the conditions prescribed under section 167ZB(2)(a)(i) and (ii) of the Contributions and Benefits Act, as applied by virtue of section 167ZK(2) of that Act (cases involving applicants for parental orders under section 54 of the Human Fertilisation and Embryology Act 2008).
7C
In this paragraph and paragraphs 5B and 5C, “theContributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
I44f
omit sub-paragraph (8) (absence from work in circumstances where certain conditions for payment of additional statutory paternity pay are satisfied).
3
In paragraph 5B (schemes that contain unfair adoption leave provisions)—
I28a
in sub-paragraph (4) (definitions), in paragraph (a) of the definition of “period of paid adoption leave”, for “or (6)” substitute “
, (6), (7) or (8)
”
,
I30I60b
after sub-paragraph (6) add—
7
This sub-paragraph applies if—
a
the member's absence from work is due to the placement or expected placement of a child as mentioned in section 167ZLA(1) and (2) of the Contributions and Benefits Act (cases involving the placing of a child under Article 27(2)(a) of the Children (Northern Ireland) Order 1995 with a person who is an approved foster parent and an approved prospective adopter), and
b
in relation to that child, the member satisfies the condition in section 167ZL(2)(a) of that Act, as modified by virtue of section 167ZLA(1) to (3) of that Act (in relation to such cases).
8
This sub-paragraph applies if—
a
the member's absence from work is due to the birth or expected birth of a child, and
b
in relation to that child, the member satisfies the condition in section 167ZL(2)(a) of the Contributions and Benefits Act, as applied by virtue of section 167ZT(2) of that Act (cases involving applicants for parental orders under section 54 of the Human Fertilisation and Embryology Act 2008).
I204
After that paragraph insert—
Unfair shared parental leave provisions
5C
1
Where an employment-related benefit scheme includes any unfair shared parental leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—
a
the scheme shall be regarded to that extent as not complying with the principle of equal treatment, and
b
subject to sub-paragraph (3), this Schedule shall apply accordingly.
2
In this paragraph “unfair shared parental leave provisions”, in relation to an employment-related benefit scheme, means any provision—
a
which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid shared parental leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement, or
b
which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that it falls to be determined by reference to earnings during a period which included a period of paid shared parental leave, to be determined otherwise than in accordance with the normal employment requirement.
3
In the case of any unfair shared parental leave provision—
a
the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member in accordance with the normal employment requirement, and
b
paragraph 3(2) does not authorise the making of any such election as is there mentioned,
but, in respect of any period of paid shared parental leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory shared parental pay actually paid to or for the member in respect of that period.
4
In this paragraph—
“the normal employment requirement” is the requirement that any period of paid shared parental leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so,
“period of paid adoption leave” has the same meaning as in paragraph 5B,
“period of paid paternity leave” has the same meaning as in paragraph 5A,
“period of paid shared parental leave”, in the case of a member, means a period—
- a
throughout which the member is absent from work in circumstances where sub-paragraph (5), (7), (8), (9), (10) or (11) applies, and
- b
for which the employer (or if the member is no longer in that person's employment, his former employer) pays the member any contractual remuneration or statutory shared parental pay.
5
This sub-paragraph applies if—
a
the member's absence from work is due to the birth of a child,
b
the member is the mother of the child, and
c
the absence from work is not absence on maternity leave.
6
For the purposes of sub-paragraph (5)(c), the absence of the member from work is absence on maternity leave if—
a
the absence is in consequence of the prohibition in Article 104(1) of the Employment Rights (Northern Ireland) Order 1996 (compulsory maternity leave),
b
the absence is because the member is exercising the right conferred by Article 103(1) or 105(1) of that Order (ordinary maternity leave or additional maternity leave).
7
This sub-paragraph applies if—
a
the member's absence from work is due to the birth of a child,
b
the member is a person who satisfies the conditions prescribed under section 167ZU(4)(b)(i) or (ii) of the Contributions and Benefits Act in relation to the child, and
c
the member's absence from work is not absence during a period of paid paternity leave.
8
This sub-paragraph applies if—
a
the member's absence from work is due to the placement of a child for adoption under the law of any part of the United Kingdom,
b
the member is—
i
a person with whom a child is placed for adoption under the law of any part of the United Kingdom, or
ii
a person who satisfies the conditions prescribed under section 167ZW(4)(b)(i) or (ii) of the Contributions and Benefits Act in relation to the child, and
c
the member's absence from work is not absence during—
i
a period of paid paternity leave, or
ii
a period of paid adoption leave.
9
This sub-paragraph applies if—
a
the member's absence from work is due to the placement of a child (as mentioned in section 167ZY(1) and (2) of the Contributions and Benefits Act: cases involving the placing of a child under Article 27(2)(a) of the Children (Northern Ireland) Order 1995 with a person who is an approved foster parent and an approved prospective adopter),
b
the member is—
i
the approved foster parent with whom the child in question is placed as mentioned in section 167ZY(1) and (2) of that Act, or
ii
a person who satisfies the conditions prescribed under section 167ZW(4)(b)(i) or (ii) of that Act, as modified by virtue of section 167ZY(3) of that Act (in relation to such cases), in relation to the child, and
c
the member's absence from work is not absence during—
i
a period of paid paternity leave, or
ii
a period of paid adoption leave.
10
This sub-paragraph applies if—
a
the member's absence from work is due to the adoption or expected adoption of a child who has entered the United Kingdom in connection with or for the purposes of adoption which does not involve placement of the child for adoption under the law of any part of the United Kingdom,
b
the member is—
i
the person who has adopted or expects to adopt the child in question, or
ii
a person who satisfies the conditions prescribed under section 167ZW(4)(b)(i) or (ii) of the Contributions and Benefits Act, as applied by virtue of section 167ZZ8(1) of that Act (adoption cases not involving placement under the law of the United Kingdom), in relation to the child, and
c
the member's absence from work is not absence during—
i
a period of paid paternity leave, or
ii
a period of paid adoption leave.
11
This sub-paragraph applies if—
a
the member's absence from work is due to the birth of a child,
b
the member is a person who has applied, or intends to apply, for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in relation to the child, and
c
the member's absence from work is not absence during—
i
a period of paid paternity leave, or
ii
a period of paid adoption leave
Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
2
I211
The Contributions and Benefits Act is amended as follows.
I32I522
In section 1 (outline of contributory system), in subsection (5) (money appropriated, as determined by Department of Finance and Personnel, to be applied in relation to statutory pay), for “ordinary statutory paternity pay, additional statutory paternity pay and statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay and statutory shared parental pay
”
.
I32I523
In section 4 (payments treated as remuneration and earnings), in subsection (1)(a), for sub-paragraphs (iii) to (v) substitute—
iii
statutory paternity pay; or
iv
statutory adoption pay; or
v
statutory shared parental pay; and
I32I524
In section 4C (power to make provision in consequence of provision made by virtue of section 4B(2) etc.), in subsection (11), in paragraph (a) of the definition of “statutory payment”, for “ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
.
I215
In section 166 (statutory maternity pay: special classes of person), in subsection (3) (meaning of “continental shelf operations”), for “subsection (6)” substitute “
subsection (8)
”
.
I456
For the title of Part 12ZA (Ordinary and Additional Statutory Paternity Pay), substitute “
Statutory Paternity Pay
”
.
I457
Omit the italic cross-heading (“Ordinary statutory paternity pay”) preceding section 167ZA.
I458
In section 167ZA (entitlement to ordinary statutory paternity pay: birth)—
a
in subsection (1), for “ “ordinary statutory paternity pay”” substitute “
“statutory paternity pay”
”
,
b
in subsection (4), for “ordinary statutory paternity pay” substitute “
statutory paternity pay
”
.
I459
In section 167ZB (entitlement to ordinary statutory paternity pay: adoption)—
a
in subsection (1), for “ “ordinary statutory paternity pay”” substitute “
“statutory paternity pay”
”
,
b
in each of subsections (4) and (6), for “ordinary statutory paternity pay” substitute “
statutory paternity pay
”
.
I4510
In section 167ZC (entitlement to ordinary statutory paternity pay: general)—
a
in subsection (1) (as amended by section 12(2)(a)), for “ordinary statutory paternity pay” substitute “
statutory paternity pay
”
,
b
in subsection (2), for “ordinary statutory paternity pay” substitute “
statutory paternity pay
”
.
I4511
In section 167ZD (liability to pay ordinary statutory paternity pay)—
a
in subsection (1), for “ordinary statutory paternity pay” substitute “
statutory paternity pay
”
,
b
in subsection (2)—
i
for “ordinary statutory paternity pay”, where it first occurs, substitute “
statutory paternity pay
”
,
ii
for “liability for ordinary statutory paternity pay or additional statutory paternity pay (or both)” substitute “
liability for statutory paternity pay
”
.
I4512
In section 167ZE (rate and period of ordinary statutory paternity pay)—
a
in each of subsections (1), (2) and (4), for “Ordinary statutory paternity pay” substitute “
Statutory paternity pay
”
,
b
in subsection (5), for “ordinary statutory paternity pay” substitute “
statutory paternity pay
”
,
c
in subsection (7), for “ordinary statutory paternity pay”, in both places it occurs, substitute “
statutory paternity pay
”
,
d
in subsection (8), for “ordinary statutory paternity pay” substitute “
statutory paternity pay
”
,
e
in subsection (10A), for “ordinary statutory paternity pay”, in both places it occurs, substitute “
statutory paternity pay
”
,
f
in subsection (11), in the definition of “statutory pay week”, for “ordinary statutory paternity pay”, in both places it occurs, substitute “
statutory paternity pay
”
.
I4513
Omit the italic cross-heading (“Additional statutory paternity pay”) preceding section 167ZEA.
I4514
Omit the italic cross-heading (“Ordinary and additional statutory paternity pay: supplementary provisions”) preceding section 167ZF.
I4515
In section 167ZF (restrictions on contracting out of Part 12ZA), in subsection (2) (agreements which are not void for contracting out), for “ordinary statutory paternity pay or additional statutory paternity pay” substitute “
statutory paternity pay
”
.
I4516
In section 167ZG (relationship with contractual remuneration), omit subsection (4) (definition of “statutory paternity pay” as including ordinary statutory paternity pay or additional statutory paternity pay).
I4517
In section 167ZJ (provision supplementary to Part 12ZA)—
a
in subsection (5) (meaning of “week”), for “sections 167ZE and 167ZEE” substitute “
section 167ZE
”
,
b
in subsection (10)(f) (regulations relating to health and social care contracts treated as a single contract: provision for identifying employer under single contract), for “ordinary statutory paternity pay or additional statutory paternity pay” substitute “
statutory paternity pay
”
.
I4518
In section 170 (interpretation of Act)—
a
in the definition of “the Department”, for “and 12ZB” substitute “
, 12ZB and 12ZC
”
,
b
at the appropriate place insert—
the Employment Rights Order” means the Employment Rights (Northern Ireland) Order 1996;
I4519
In section 172 (Assembly etc. control of regulations and orders)—
a
in subsection (2) (regulations and orders to which confirmatory procedure applies), in paragraph (a), omit the words “, sections 167ZEA to 167ZEE”,
b
in subsection (4) (regulations and orders subject to negative resolution, subject to subsections (4A) and (7)), for “and (7)” substitute “
, (7) and (7A)
”
,
c
after subsection (7) insert—
7A
An order under section 167ZBA(6) shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly.
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
3
I221
The Social Security Administration (Northern Ireland) Act 1992 is amended as follows.
I33I532
In section 5 (regulations about claims for and payments of benefits), in paragraph (a) of subsection (4A) (application of certain provisions of subsection (1) to statutory pay), for “ordinary statutory paternity pay, additional statutory paternity pay and statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay and statutory shared parental pay
”
.
I33I533
In section 116AA (disclosure of contributions, etc. information by HMRC), in subsection (1) (disclosure to Health and Safety Executive for Northern Ireland etc. or in pursuance of reciprocal agreements with other countries), for “ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
.
I33I534
In section 143 (general financial arrangements), in subsection (1) (payments to be made out of Northern Ireland National Insurance Fund), in paragraph (d) (sums falling to be paid etc. by HMRC under regulations relating to categories of statutory pay), for “ordinary statutory paternity pay or additional statutory paternity pay” substitute “
statutory paternity pay or statutory shared parental pay
”
.
I33I535
In section 145 (adjustments between Northern Ireland National Insurance Fund and Consolidated Fund of Northern Ireland)—
a
in subsection (1) (payments from Northern Ireland National Insurance Fund into Consolidated Fund of Northern Ireland or by Department into Northern Ireland National Insurance Fund), in paragraph (b) (payments by way of adjustment in consequence of operation of legislation relating to categories of statutory pay) for sub-paragraphs (iii) to (v) substitute—
iii
statutory paternity pay;
iv
statutory adoption pay; and
v
statutory shared parental pay.
b
in subsection (5) (payments from Northern Ireland National Insurance Fund into Consolidated Fund of Northern Ireland at direction of Treasury), in paragraph (a) (sums in respect of HMRC administrative expenses), for “ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
.
The Employment Rights (Northern Ireland) Order 1996 (NI 16)
4
I311
The Employment Rights Order is amended as follows.
2
In Article 2 (interpretation: general)—
I61a
for the definition of “ordinary or additional paternity leave” substitute—
paternity leave” means leave under Article 112A or 112B,
I31b
at the appropriate places insert—
shared parental leave” means leave under Article 107E or 107G,
“the Contributions and Benefits Act 1992” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992,
I31c
in paragraph (b) of the definition of “week”, after “Articles” insert “
107F, 107I,
”
.
I313
In Article 3 (meaning of “employee” etc.), after paragraph (6) add—
7
This Article has effect subject to Article 107M(3) and (5).
4
In Article 59 (meaning of wages etc.), in paragraph (1) (sums included)—
I61a
in sub-paragraph (ca), for “ordinary statutory paternity pay or additional statutory paternity pay” substitute “
statutory paternity pay
”
,
I31b
after sub-paragraph (cb) insert—
cc
statutory shared parental pay under Part 12ZC of that Act,
5
In Article 70C (right not to be subjected to detriment in connection with leave for family and domestic reasons), in paragraph (2) (reasons that may be prescribed)—
I31a
after sub-paragraph (ba) insert—
bb
shared parental leave,
I61b
for sub-paragraph (ca) (ordinary or additional paternity leave) substitute—
ca
paternity leave,
I316
In Article 107D (Chapter 1A: supplemental provision on adoption leave), in paragraph (2) (meaning of “prescribed” in Articles 107A and 107B), after “107A” insert “
, 107AB, 107BA, 107AC
”
.
I317
In Article 108 (entitlement to parental leave), after paragraph (5) add—
6
In this Article and Article 110(4) and (5), “specified” means specified for the time being in regulations made under this Article.
I318
In Article 109 (rights during and after parental leave), after paragraph (4) add—
5
In this Article, “prescribed” means prescribed by the regulations made under Article 108.
9
In Article 112A (entitlement to ordinary paternity leave: birth)—
I61a
in the title, for “ordinary paternity leave” substitute “
paternity leave
”
,
I31b
after paragraph (7), add—
8
In this Article and Articles 112B, 112BA, 112BAA, 112C and 112E, “specified” means specified for the time being in regulations made under the Article concerned.
I6110
In Article 112B (entitlement to additional paternity leave: adoption), in the title, for “ordinary paternity leave” substitute “
paternity leave
”
.
11
In Article 112C (rights during and after paternity leave: birth or adoption)—
I61a
in paragraph (1) (provision as to rights under Article 112A or 112AA), omit the words “or 112AA”,
I31b
in paragraph (1), in each of sub-paragraphs (a) and (b), for “the regulations may prescribe” substitute “
may be specified
”
,
I31c
in paragraph (1), in sub-paragraph (c), for “prescribed by regulations” substitute “
that may be specified
”
,
d
in paragraph (2) (absence on leave under Article 112A or 112AA may include a period of other statutory leave)—
I61i
omit the words “or 112AA”,
I61ii
omit sub-paragraph (za) (leave under Article 112AA),
I31iii
omit the word “and” following sub-paragraph (b),
I31iv
after that sub-paragraph insert—
ba
shared parental leave, and
I61e
in paragraph (3) (provision as to rights under Article 112B or 112BB), for the words “or 112BB” to the end substitute “
or 112BAA as it applies to regulations under Article 112A
”
,
f
in paragraph (4) (absence on leave under Article 112B or 112BB may include a period of other statutory leave)—
I61i
for “112BB” substitute “
112BAA
”
,
I61ii
omit sub-paragraph (za) (leave under Article 112BB),
I31iii
after sub-paragraph (b) insert—
ba
shared parental leave,
I61iv
in sub-paragraph (d) (leave under Article 112A or 112AA), omit the words “or 112AA”,
I61g
in paragraph (6) (provision as to remuneration), for “any of Articles 112A to 112BB” substitute “
Article 112A or 112B
”
,
I61h
in paragraph (7) (provision as to seniority on return etc.), for “any of Articles 112A to 112BB” substitute “
Article 112A or 112B
”
.
I6112
In Article 112D (provision as to redundancy or dismissal), in paragraph (1), for “112A, 112AA, 112B or 112BB” substitute “
112A or 112B
”
.
I6113
In Article 112E (Chapter 3: supplemental provision on paternity leave)—
a
in paragraph (1) (provision that may be made by regulations), for “any of Articles 112A to 112BB”, in each place where it occurs, substitute “
Article 112A or 112B
”
,
b
omit paragraph (2) (persons who may be subjected to duties in connection with employees exercising rights under Article 112AA or 112BB).
14
In Article 120 (liability of employer to pay employee during period of notice: employments with normal working hours)—
a
in paragraph (1)(c) (liability to employee who is absent from work because of pregnancy etc.)—
I31i
after “adoption leave,” insert “
shared parental leave,
”
,
I61ii
for “ordinary or additional paternity leave” substitute “
paternity leave
”
,
b
in paragraph (2) (certain payments during period of notice treated as meeting employer's liability)—
I61i
for “ordinary statutory paternity pay, additional statutory paternity pay” substitute “
statutory paternity pay
”
,
I31ii
after “statutory adoption pay,” insert “
shared parental pay, statutory shared parental pay,
”
.
15
In Article 121 (effect of notice of termination: employments without normal working hours)—
a
in paragraph (3)(b) (effect of absence from work because of pregnancy etc. during period of notice)—
I31i
after “adoption leave,” insert “
shared parental leave,
”
,
I61ii
for “ordinary or additional paternity leave” substitute “
paternity leave
”
,
b
in paragraph (4) (certain payments during period of notice treated as remuneration)—
I61i
for “ordinary statutory paternity pay, additional statutory paternity pay” substitute “
statutory paternity pay
”
,
I31ii
after “statutory adoption pay,” insert “
shared parental pay, statutory shared parental pay,
”
.
16
In Article 131 (dismissal to be regarded as unfair where dismissal relates to leave for family reasons), in paragraph (3) (reasons or sets of circumstances that may be prescribed)—
I31a
after sub-paragraph (ba) insert—
bb
shared parental leave,
I61b
for sub-paragraph (ca) (ordinary or additional paternity leave) substitute—
ca
paternity leave,
I3117
In Article 138 (dismissal of employee engaged as replacement for person absent from work because of pregnancy etc.), in paragraph (2)(a), for “or leave under Article 112AA or 112BB (additional paternity leave)” substitute “
or shared parental leave
”
.
I3118
In Article 206 (employment not under contract of employment), in paragraph (2)(a) for “the Social Security Contributions and Benefits (Northern Ireland) Act 1992” substitute “
the Contributions and Benefits Act 1992
”
.
19
In Article 251 (orders and regulations)—
I61a
in paragraph (1A) (regulations to which confirmatory procedure applies), for “112A, 112AA, 112B, 112BB, 112G” substitute “
112A, 112B, 112BAA, 112G
”
,
I31b
in paragraph (4), for “paragraph (5)” substitute “
paragraphs (5) and (5A)
”
,
I31c
in paragraph (5), after sub-paragraph (b) insert—
c
an order under Article 85ZS(6) or 107AB(4);
I31d
after paragraph (5), insert—
5A
An order under Article 85ZS(6) or 107AB(4) shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly.
Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)
5
I231
The Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 is amended as follows.
I462
In Article 7 (decisions by officers of Revenue and Customs)—
a
in paragraph (1)—
I34I54i
in sub-paragraph (fa), for “ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
,
I23ii
in sub-paragraph (g), for “to 12ZB” substitute “
to 12ZC
”
,
b
in paragraph (3)(b), for “ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
.
I34I54I463
In Article 10 (appeals against decisions of officers of Revenue and Customs), in paragraph (2)(a), for “ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
.
I34I54I464
In Article 13 (matters arising as respects decisions)—
a
in paragraph (1) (regulations as to matters arising pending a decision etc), in sub-paragraph (a)(i), for “ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
,
b
in paragraph (4) (regulations requiring concurrence of Department for Employment and Learning), for “ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
.
Employment (Northern Ireland) Order 2002 (NI 2)
6
I241
The Employment (Northern Ireland) Order 2002 is amended as follows.
2
In Article 8 (funding of employers' liabilities as regards certain statutory pay)—
I35I55a
in paragraph (1) (power to make regulations regarding the funding of statutory pay by Her Majesty's Revenue and Customs), for “ordinary statutory paternity pay, additional statutory paternity pay and statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay and statutory shared parental pay
”
,
I35I55b
in paragraph (2) (recovery relating to small employers' relief), in each of sub-paragraphs (a) and (b), for “ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
,
c
in paragraph (3) (payments treated as qualifying for small employers' relief)—
I35I55i
for “a payment of ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
a payment of statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
,
I24ii
for the words from “treating the period” to the end substitute
treating—
i
the period for which the payment of statutory paternity pay is made,
ii
the payee's adoption pay period, or
iii
the period for which the payment of statutory shared parental pay is made,
as the maternity pay period.
I35I553
In Article 9 (regulations about payment)—
a
in paragraph (1) (power to make regulations with respect to payment by employers of certain statutory pay), for “ordinary statutory paternity pay, additional statutory paternity pay and statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay and statutory shared parental pay
”
,
b
in paragraph (2) (further provision as to regulations), in each of sub-paragraphs (a), (b) and (d), for “ordinary statutory paternity pay, additional statutory paternity pay and statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay and statutory shared parental pay
”
.
I35I554
In Article 11 (power to require information)—
a
in paragraph (1) (power to make regulations requiring the production of information or documents), for “ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
,
b
in paragraph (2) (persons who may be specified as liable to produce information or documents), in sub-paragraph (a), for “ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
.
I35I555
In Article 12 (penalties for failure to comply), in paragraph (6) (failures to make statutory payments), for “ordinary statutory paternity pay, additional statutory paternity pay or statutory adoption pay” substitute “
statutory paternity pay, statutory adoption pay or statutory shared parental pay
”
.
6
In Article 13 (penalties for fraud or negligence)—
I47a
in paragraph (1) (incorrect statement or declaration: ordinary statutory paternity pay), in each of sub-paragraphs (a) and (b), for “ordinary statutory paternity pay” substitute “
statutory paternity pay
”
,
I24b
in paragraph (2) (incorrect statement or declaration: statutory adoption pay or additional statutory paternity pay), in each of sub-paragraphs (a) and (b), for “or additional statutory paternity pay” substitute “
or statutory shared parental pay
”
,
I47c
in paragraph (3) (incorrect payment: ordinary statutory paternity pay), for “ordinary statutory paternity pay” substitute “
statutory paternity pay
”
,
I24d
in paragraph (4) (incorrect payment: statutory adoption pay or additional statutory paternity pay), for “or additional statutory paternity pay” substitute “
or statutory shared parental pay
”
,
I47e
in paragraph (5) (fraudulently or negligently providing incorrect information or receiving incorrect payments), for “ordinary statutory paternity pay” substitute “
statutory paternity pay
”
.
Welfare Reform Act (Northern Ireland) 2007 (c. 2)
I377
In section 20 of the Welfare Reform Act (Northern Ireland) 2007 (relationship with statutory payments)—
a
in subsection (6) (no entitlement to an employment and support allowance during an additional paternity pay period)—
i
for “additional statutory paternity pay” substitute “
statutory shared parental pay
”
,
ii
for “a day that falls within the additional paternity pay period” substitute “
a day that falls within a period in respect of which statutory shared parental pay is payable
”
,
b
in subsection (7) (regulations providing for exceptions to subsection (6)), in paragraph (a), for “additional statutory paternity pay for a period” substitute “
statutory shared parental pay for a period
”
,
I48c
in subsection (8) (definitions), omit the definition of “additional paternity pay period”.
Pensions (No. 2) Act (Northern Ireland) 2008 (c. 1)
8
In section 13 of the Pensions (No2) Act (Northern Ireland) 2008 (qualifying earnings), in subsection (3) (meaning of “earnings”)—
I49a
in paragraph (d), for “ordinary statutory paternity pay or additional statutory paternity pay” substitute “
statutory paternity pay
”
,
I25b
after paragraph (e) insert—
ea
statutory shared parental pay under Part 12ZC of that Act;
I36I56SCHEDULE 2Repeals
Sch. 2 in operation at 5.4.2015 in so far as not already in operation by S.R. 2015/86, art. 4(3) (with art. 7(2)(3))
Short Title | Extent of Repeal |
---|---|
The Social Security (Northern Ireland) Order 1989 (NI 13) | In Schedule 5, in paragraph 5A, sub-paragraph (8). |
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) | The italic cross-heading preceding section 167ZA. |
The italic cross-heading preceding section 167ZEA. | |
Sections 167ZEA to 167EE. | |
The italic cross-heading preceding section 167ZF. | |
In section 167ZG, subsection (4). | |
In section 167ZN, subsection (1). | |
In section 172(2), the words “, sections 167ZEA to 167EE” and “or section 167ZN(1)”. | |
The Employment Rights (Northern Ireland) Order 1996 (NI 16) | Article 112AA. |
Article 112BB. | |
In Article 112C(1), the words “or 112AA”. | |
In Article 112C(2), the words “or 112AA”. | |
In Article 112C(2), sub-paragraph (za). | |
In Article 112C(2), the word “and” following sub-paragraph (b). | |
In Article 112C(4), sub-paragraph (za). | |
In Article 112C(4)(d) the words “or 112AA”. | |
Article 112E, paragraph (2). | |
In Article 112F(1), the word “and” following sub-paragraph (a); and sub-paragraph (b). | |
In Article 112F(2), the word “and” following sub-paragraph (c); and sub-paragraph (d). | |
In Article 112F, paragraph (9). | |
The Work and Families (Northern Ireland) Order 2006 (N1 16) | The italic cross-heading preceding Article 5. |
Articles 5 to 12, 13(2) and 14(2), (3) and (5). | |
In Schedule 1, paragraphs 1 to 4, 9 to 14, 15(2), 16 to 19, 21, 23 to 29 and 34 to 50. | |
The Welfare Reform Act (Northern Ireland) 2007 (c. 2) | In section 20(8), the definition of “additional paternity pay period”. |
Sch. 2 in operation at 15.3.2015 for specified purposes by S.R. 2015/86, art. 3(3)