Draft Regulations laid before the Assembly under section 46(7) of the Employment Act 2002, for approval by resolution of the Assembly
Draft Statutory Rules of Northern Ireland
Employment
Made
2008
Coming into operation
2008
The Department for Employment and Learning, in exercise of the powers conferred by section 46 of the Employment Act 2002(1), makes the following Regulations:
1. These Regulations may be cited as the Fixed-term Employees (Prevention of Less Favourable Treatment) (Amendment) (No. 2) Regulations (Northern Ireland) 2008 and shall come into operation on [INSERT DATE] 2008.
2. The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
3. The Fixed-term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations (Northern Ireland) 2008(3) are revoked.
4.—(1) The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002(4) shall be amended as follows.
(2) For regulation 18(1) (agency workers) substitute—
“(1) Save in respect of paragraph 1 of Part 1 of Schedule 2, these Regulations shall not have effect in relation to employment under a fixed-term contract where the employee is an agency worker.”.
Sealed with the Official Seal of the Department for Employment and Learning on [INSERT DATE] 2008.
[Sir Reg Empey]
Minister for Employment and Learning
(This note is not part of the Regulations)
These Regulations amend the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 (“the 2002 Regulations”).
Regulation 3 of these Regulations revokes the Fixed-term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations (Northern Ireland) 2008.
Regulation 4 of these Regulations substitutes a new paragraph (1) in regulation 18(1) of the 2002 Regulations. The effect of the substituted paragraph is that paragraphs 2(b) and 4 of Schedule 11 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7) (circumstances in which periods of entitlement to Statutory Sick Pay do not arise) are omitted in relation to employment under a fixed-term contract where the employee is an agency worker.