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The Employment (Northern Ireland) Order 2002

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This is the original version (as it was originally made).

SCHEDULE 2AMENDMENTS

This schedule has no associated Explanatory Memorandum

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

1.—(1) In section 4 (payments treated as remuneration and earnings), in subsection (l)(a) (payments in satisfaction of entitlement to statutory sick pay or maternity pay), after “maternity pay;” insert

or

(iii)statutory paternity pay, or

(iv)statutory adoption pay.

(2) In section 170 in the definition of “the Department” after “means” insert “(except in Parts XIIZA and XIIZB above)”.

(3) In section 172(2)(a) (Assembly control) at the end insert “or section 167ZE(1) or section 167ZN (1) above”.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

2.—(1) In section 5 after subsection (4) insert—

“(4A) Subsection (1)(g), (j), (m), (q) and (r) above shall have effect as if—

(a)statutory paternity pay and statutory adoption pay were benefits to which this section applies; and

(b)for the words “Regulations may” at the beginning of subsection (1) there were substituted the words “The Department for Employment and Learning may by regulations subject to negative resolution (within the meaning of section 166(12))”.

(2) In section 116AA (disclosure of information by the Inland Revenue), in subsection (1) (which permits the disclosure of information relating to statutory sick pay and maternity pay by the Board to certain authorities, or in connection with certain agreements with countries outside the United Kingdom), for “or statutory maternity pay” substitute “, statutory maternity pay, statutory paternity pay or statutory adoption pay”.

The Industrial Relations (Northern Ireland) Order 1992 (N.I. 5)

3.  In Article 84A(1) (claims and proceedings to which Agency arbitration scheme applies)—

(a)after “tribunal” insert “under, or”;

(b)after “contravention of” insert—

(za)Article 112G(1) or 112H(1)(b) of the Employment Rights (Northern Ireland) Order 1996 (flexible working); and

(c)in sub-paragraph (a) for “the Employment Rights (Northern Ireland) Order 1996” substitute “that Order”.

The Employment Rights (Northem Ireland) Order 1996 (N.I. 16)

4.—(1) In Article 2(3) (definitions) insert at the appropriate place—

“paternity leave” means leave under Article 112A or 112B,.

(2) In Article 2(3) in the definition of “week” for “Article 118” substitute “Articles 112A, 112B and 118”.

(3) In Article 21 (definition of calculation date for the purposes of the calculation of a week’s pay in relation to cases connected with rights during employment), at the end insert—

(6) Where the calculation is for the purposes of Article 112I, the calculation date is the day on which the application under Article 112F was made..

(4) In Article 23(1) (maximum amount of week’s pay) before sub-paragraph (a) insert—

(za)an award of compensation under Article 112I(1)(b),.

(5) In Article 59(1) (meaning of “wages”), after sub-paragraph (c) insert—

(ca)statutory paternity pay under Part XllZA of that Act,

(cb)statutory adoption pay under Part XllZB of that Act,.

(6) In Article 70C (leave for family and domestic reasons) after sub-paragraph (b) of paragraph (2) insert—

(ba)ordinary or additional adoption leave,.

(7) In Article 70C for “or” at the end of sub-paragraph (c) of paragraph (2) substitute—

(ca)paternity leave, or.

(8) In Article 71(1) (right to present complaint of detriment to industrial tribunal), for “or 70C” substitute “, 70C or 70D”.

(9) In Article 110 (parental leave: special cases), in paragraph (6), for the words from “to maternity” to the end substitute—

to parental leave and partly to—

(a)maternity leave, or

(b)adoption leave,

or to both.

(10) In Article 120 (pay during notice period: employments with normal working hours) in paragraph ( I )(c ), for “parental leave” substitute “adoption leave, -parental leave or paternity leave” and in paragraph (2), after “statutory maternity pay,” insert “paternity pay, statutory patemity pay, adoption pay, statutory adoption pay,”.

(11) In Article 121 (pay during notice period: employments without normal working hours) in paragraph (3)(b), for “parental leave” substitute “adoption leave, parental leave or paternity leave” and in paragraph (4), after “statutory maternity pay,” insert “paternity pay, statutory paternity pay, adoption pay, statutory adoption pay,”.

(12) In Article 124 (right to written statement of reasons for dismissal), in paragraphs (2) and (3) for “paragraph (4)” substitute “paragraphs (4) and (4A)”, and after paragraph ( 4) insert—

(4A) An employee who is dismissed while absent from work during an ordinary or additional adoption leave period is entitled to a written statement under this Article without having to request it and irrespective of whether he has been continuously employed for any period if he is dismissed in circumstances in which that period ends by reason of the dismissal.

(13) In Article 131 (unfair dismissal: leave for family reasons) after sub-paragraph (b) of paragraph (3) insert—

(ba)ordinary or additional adoption leave,.

(l4)In Article 131 for “or” .at the end of sub-paragraph (c) of paragraph (3) substitute—

(ca)paternity leave, or.

(15) In Article 138 (dismissal of replacement employees), in paragraph (2)(a), after “childbirth,” insert “or on adoption leave”.

(16) In Article 236(2) (provisions of the Order which have effect in relation to Crown employment), in sub-paragraph (a) for “IX” substitute “IXA,”.

(17) In Article 237(2) (provisions of the Order which have effect in relation to service as a member of the armed forces) in sub-paragraph (e) after “134” insert “, 135C”.

(18) In Article 242 (application of the Order to mariners) in paragraphs (2) and (8)(d) for “and IX” substitute “, IX and IXA”

(19) In Article 251(1A) (procedure for making regulations) after “105,” insert “107A, 107B,” and after “108,” insert “112A, 112B, 112G,”.

The Industrial Tribunals (Northern Ireland) Order 1996 (N.I. 18)

5.  In Article 20(1) (claims and proceedings to which provisions as to conciliation apply)—

(a)in sub-paragraph (c)—

(i)at the beginning insert “under, or”;

(ii)after head (vii) insert—

(viia)Article 112G(1) or 112H(I)(b) (flexible working); and

(b)in sub-paragraph (e) at the beginning insert “under, or”

The Employment Relations (Northern Ireland) Order 1999 (N.I. 9 )

6.  In Article 24(1) (power to confer rights on individuals) at the end add—

(g)the Employment (Northern Ireland) Order 2002..

The Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

7.  In Article 23(1) and (2) after “the Department” insert “or the Department for Employment and Learning”.

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