Search Legislation

The Employment Rights (Northern Ireland) Order 1996 (Coronavirus, Calculation of a Week’s Pay) (Amendment) (No. 2) Regulations (Northern Ireland) 2021

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted).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

Statutory Rules of Northern Ireland

2021 No. 112

Employment

The Employment Rights (Northern Ireland) Order 1996 (Coronavirus, Calculation of a Week’s Pay) (Amendment) (No. 2) Regulations (Northern Ireland) 2021

Made

27th April 2021

Coming into operation

30th April 2021

The Department for the Economy(1) makes the following Regulations in exercise of the powers conferred by Article 24(4) of the Employment Rights (Northern Ireland) Order 1996(2) and now vested in it(3).

Citation and commencement

1.  These Regulations may be cited as the Employment Rights (Northern Ireland) Order 1996 (Coronavirus, Calculation of a Week’s Pay) (Amendment) (No. 2) Regulations (Northern Ireland) 2021 and come into operation on 30th April 2021.

Amendment of the Employment Rights (Northern Ireland) Order 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations (Northern Ireland) 2020

2.  The Employment Rights (Northern Ireland) Order 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations (Northern Ireland) 2020(4) are amended as follows.

Amendment of regulation 2 (interpretation)

3.  In regulation 2(1), in the definition of “Coronavirus Job Retention Scheme”, for “30th April” substitute “30th September”.

Amendment of regulation 3 (calculation of a week’s pay in relation to furloughed employees)

4.  In regulation 3(2)(a), for “30th April” substitute “30th September”.

Amendment of regulation 8 (calculation of a week’s pay in relation to employee with no normal working hours)

5.  For regulation 8(4)(b), substitute—

(b)“Scheme cap” means the amount of—

(i)£2,500 per month (or the appropriate pro-rata), or

(ii)£576.92 per week,

as applicable, specified in relation to qualifying costs in the Coronavirus Job Retention Scheme(5)..

Sealed with the Official Seal of the Department for the Economy on 27th April 2021.

Legal seal

Colin Jack

A senior officer of the

Department for the Economy

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Employment Rights (Northern Ireland) Order 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations (Northern Ireland) 2020 (“the principal Regulations”) set out how a week’s pay is to be calculated in the case of an employee who has been furloughed under the Coronavirus Job Retention Scheme (“the CJRS”), for the purposes of calculating:

a)

any statutory remuneration for time off to look for employment or arrange training;

b)

any statutory notice payment;

c)

any statutory sum resulting from a failure to provide a written statement of reasons for dismissal:

d)

any statutory sum resulting from a failure to comply with an order for reinstatement or re-engagement;

e)

any statutory compensation for unfair dismissal; and

f)

any statutory redundancy payment,

to which in each case they are entitled. They also set out how a week’s pay is to be calculated for the purpose of deciding whether an employee is taken to be on short-time for statutory purposes.

The CJRS was established by the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction, given by the Treasury under sections 71 and 76 of the Coronavirus Act 2020 on 15th April 2020, and has been modified by the following directions given by the Treasury under those provisions:

a)

the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction given on 20th May 2020,

b)

the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction given on 25th June 2020,

c)

the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction given on 1st October 2020,

d)

the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction given on 12th November 2020,

e)

the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction given on 25th January 2021, and

f)

the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction given on 15th April 2021.

These Regulations make minor amendments to the principal Regulations consequent on the extension of the CJRS by the Direction given on 15th April 2021.

Copies of the Directions can be found at: https://www.gov.uk/government/publications/treasury-direction-made-under-sections-71-and-76-of-the-coronavirus-act-2020. Hard copies are available for inspection, free of charge, at the offices of HMRC at 10 South Colonnade, Canary Wharf, London E14 4PH.

No impact assessment has been prepared for these Regulations.

(1)

Formerly the Department of Economic Development; see Article 3(5) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1)) and section 1(3) of the Departments Act (Northern Ireland) 2016 c. 5 (N.I.).

(3)

The functions of the Department of Economic Development under the Employment Rights (Northern Ireland) Order 1996 were transferred to the Department of Higher and Further Education, Training and Employment by S.R. 1999 No. 481, Article 4(b) and Schedule 2, Part II. The Department of Higher and Further Education, Training and Employment was renamed the Department for Employment and Learning by 2001 c. 15 (N.I.), section 1(1), and following the dissolution of that department by the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.)), section 1(10), its functions under the Employment Rights (Northern Ireland) Order 1996 were transferred to the Department for the Economy by S.R. 2016 No. 76, Article 6(1)(c).

(5)

See, in particular, paragraphs 9.5 to 9.7 and 9.12 of the Schedule to the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction given on 15th April 2021.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources