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The Fixed-term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations (Northern Ireland) 2008

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Regulations laid before the Assembly under section 46(7) of the Employment Act 2002, and subject to affirmative resolution of the Assembly.

Statutory Rules of Northern Ireland

2008 No. 326

Employment

The Fixed-term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations (Northern Ireland) 2008

Made

28th July 2008

Coming into operation  

27th October 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:

Citation, commencement and interpretation

1.  These Regulations may be cited as the Fixed-term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 27th October 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.

Amendment of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002

3.—(1) The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002(3) 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 28th July 2008.

Legal seal

Sir Reg Empey

Minister for Employment and Learning

EXPLANATORY NOTE

(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 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.

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