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THE AGENCY WORKERS REGULATIONS (NORTHERN IRELAND) 2011

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1 General and Interpretation

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.The meaning of agency worker

    4. 4.The meaning of temporary work agency

  3. PART 2 Rights

    1. 5.Rights of agency workers in relation to the basic working and employment conditions

    2. 6.Relevant terms and conditions

    3. 7.Qualifying period

    4. 8.Completion of the qualifying period and continuation of the regulation 5 rights

    5. 9.Structure of assignments

    6. 10.Permanent contracts providing for pay between assignments

    7. 11.Calculating the minimum amount of pay

    8. 12.Rights of agency workers in relation to access to collective facilities and amenities

    9. 13.Rights of agency workers in relation to access to employment

  4. PART 3 Liability, Protections and Remedies

    1. 14.Liability of temporary work agency and hirer

    2. 15.Restrictions on contracting out

    3. 16.Right to receive information

    4. 17.Unfair dismissal and the right not to be subjected to detriment

    5. 18.Complaints to industrial tribunals etc

    6. 19.Calculating a week’s pay

    7. 20.Liability of employers and principals

  5. PART 4 Special Classes of Person

    1. 21.Crown employment and service as a member of the armed forces

    2. 22.Police Service of Northern Ireland and Police Service of Northern Ireland Reserve

  6. PART 5 Amendments to Legislation

    1. 23.Amendments to legislation

  7. Signature

    1. SCHEDULE 1

      CONSTRUCTION OF UK WIDE STATUTORY PROVISIONS

      1. 1.The statutory provisions to which regulation 23(1) refers are—

    2. SCHEDULE 2

      CONSEQUENTIAL AMENDMENTS

      1. PART 1 PRIMARY LEGISLATION

        1. 1.The Industrial Relations (Northern Ireland) Order 1992

        2. 2.In Article 2(2) (Interpretation), before the entry relating to “agent”...

        3. 3.In Article 39(1) (general duty of employers to disclose information)...

        4. 4.The Trade Union and Labour Relations (Northern Ireland) Order 1995

        5. 5.In Article 2(2) (Interpretation), after the entry relating to “the...

        6. 6.In Article 44B (collective bargaining: training)— (a) after paragraph (4)...

        7. 7.(1) Schedule 1A is amended as follows.

        8. 8.The Employment Rights (Northern Ireland) Order 1996

        9. 9.In Article 59(1) (supplementary: meaning of “wages” etc), after sub-paragraph...

        10. 10.After Article 85 insert— Ante-natal care: agency workers Right to...

        11. 11.After Article 100 insert— Ending the supply of an agency...

        12. 12.After Article 101 insert— Calculation of remuneration (agency workers) (1) The amount of remuneration payable by a temporary work...

        13. 13.After Article 102 insert— Complaints to industrial tribunals: agency workers...

        14. 14.In Article 137 (redundancy as unfair dismissal) in paragraph (1)(c)...

        15. 15.In Article 140 (exclusion of right: qualifying period of employment)...

        16. 16.(1) Article 216 (duty of employer to consult representatives of...

        17. 17.The Industrial Tribunals (Northern Ireland) Order 1996

        18. 18.In Article 20(1) (conciliation)— (a) omit “or” immediately preceding the...

      2. PART 2 OTHER LEGISLATION

        1. 19.Management of Health and Safety at Work Regulations (Northern Ireland) 2000

        2. 20.After regulation 16 insert— Alteration of working conditions in respect...

        3. 21.After regulation 17 insert— Certificate from registered medical practitioner in...

        4. 22.After regulation 18 insert— Notification by new or expectant mothers...

        5. 23.In regulation 20(1)(a) for “regulations 16 to 18”, substitute, “regulations...

        6. 24.The Information and Consultation of Employees Regulations (Northern Ireland) 2005

        7. 25.In regulation 2(2) (interpretation) after the definition of—

        8. 26.After regulation 3 insert— Agency Workers (1) Paragraphs (2) and (3) apply to an agency worker...

        9. 27.After regulation 8 insert— Pre-existing agreements: agency workers Where information about the employment situation is to be provided...

        10. 28.In regulation 16(1), omit the “and” at the end of...

        11. 29.In regulation 20(1)(b), after “the situation, structure and probable development...

        12. 30.The Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006

        13. 31.In regulation 13, after paragraph (2) insert—

        14. 32.The European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009

        15. 33.In regulation 3 (interpretation) after the definition in paragraph (1)...

        16. 34.In regulation 5(2)— (a) omit the “and” at the end...

        17. 35.After regulation 15(3) insert— (3A) Where under the employee involvement...

        18. 36.After regulation 19(3) insert— (3A) This paragraph applies to an...

        19. 37.In the Schedule, Part 2, after paragraph 8 insert— Where under the provisions of this Part, the competent organ...

  8. Explanatory Note

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