The Labour Relations Agency Arbitration Scheme (Jurisdiction) Order (Northern Ireland) 2012

Statutory Rules of Northern Ireland

2012 No. 302

Employment

The Labour Relations Agency Arbitration Scheme (Jurisdiction) Order (Northern Ireland) 2012

Made

26th July 2012

Coming into operation

27th September 2012

The Department for Employment and Learning M1 , in exercise of the power conferred by Article 84A(1)(b) of the Industrial Relations (Northern Ireland) Order 1992 M2 , and now vested in it M3 , makes the following Order.

Marginal Citations

M1 Formerly the Department of Higher and Further Education, Training and Employment; see 2001 c. 15 (N.I.)

M2 S.I. 1992/807 (N.I. 5); Article 84A was inserted by Article 8 of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)) and amended by paragraph 3 of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))

M3 See S.R. 1999 No. 481 Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999

Citation and commencement N.I.

1.  This Order may be cited as the Labour Relations Agency Arbitration Scheme (Jurisdiction) Order (Northern Ireland) 2012 and shall come into operation on 27th September 2012.

Statutory provisions in respect of which an Agency arbitration scheme may apply N.I.

2.  The Schedule specifies the statutory provisions in respect of which, under Article 84A(1)(b) of the Industrial Relations (Northern Ireland) Order 1992, the Agency may prepare a scheme providing for arbitration in the case of disputes involving proceedings, or claims which could be the subject of proceedings, before an industrial tribunal.

Sealed with the Official Seal of the Department for Employment and Learning on 26th July 2012.

L.S.

Dr Stephen Farry

Minister for Employment and Learning

Article 2

SCHEDULE N.I. Statutory provisions in respect of which an Agency arbitration scheme may apply

• Section 2(1) of the Equal Pay Act (Northern Ireland) 1970 M4 ;

• Article 63 of the Sex Discrimination (Northern Ireland) Order 1976 M5 ;

• Article 33, 36, 38 or 61 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 M6 ;

• section 17A of the Disability Discrimination Act 1995 M7 ;

• any of the following provisions of the Employment Rights (Northern Ireland) Order 1996 M8 –

  (a)

  Article 28 or 30 (access to employment);

  (b)

  Article 43 (itemised pay statement);

  (c)

  Article 55 (protection of wages);

  (d)

  Article 66 (guarantee payments);

  (e)

  Article 71 or 74 (protection from detriment, etc. in employment);

  (f)

  Article 79, 82, 85, 85B, 88, 91, 91C or 95 (time off work);

  (g)

  Article 102 (suspension from work);

  (h)

  Article 112(1) (parental leave);

  (i)

  Article 125 (written statement of reasons for dismissal);

  (j)

  Article 198 or 205 (redundancy payment);

  (k)

  Article 220 or 233 (handling of redundancies and protective awards);

• Article 6 of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 M9 ;

• Article 52 of the Race Relations (Northern Ireland) Order 1997 M10 ;

• section 11, 20(1)(b) or 24 of the National Minimum Wage Act 1998 M11 ;

• [F1 regulation 43 of the Working Time Regulations (Northern Ireland) 2016] M12 ;

• regulation 27 or 32 of the Transnational Information and Consultation of Employees Regulations 1999 M13 ;

• regulation 8 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000 M14 ;

• regulation 7 or 9(5) of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 M15 ;

• regulations 4(a) and 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 M16 ;

• regulation 34 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 M17 ;

• regulations 4(a) and 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 M18 ;

• regulation 41 or 45 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 M19 ;

• regulation 29 or 33 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 M20 ;

• regulation 12 or 16 of and paragraphs 10(3) or (4) and 11 of Schedule 1 to the Transfer of Undertakings (Protection of Employment) Regulations 2006 M21 ;

• paragraph 4 or 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 M22 ;

• regulation 12 or 16 of the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 M23 ;

• regulation 41 of the Employment Equality (Age) Regulations (Northern Ireland) 2006; M24

• regulation 30 or 34 of and paragraphs 9 and 13 of Schedule 3 to the European Cooperative Society (Involvement of Employees) Regulations 2006; M25

• regulation 45 or 51 of and paragraphs 6 and 10 of Schedule 2 to the Companies (Cross-Border Mergers) Regulations 2007 M26 ;

• regulation 17 of the Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008 M27 ;

• section 56 of the Pensions (No. 2) Act (Northern Ireland) 2008 M28 ;

• regulation 28 or 32 of the European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 M29 ;

• regulation 18 of the Agency Workers Regulations (Northern Ireland) 2011 M30 .

Textual Amendments

F1 Words in Sch. substituted (28.2.2016) by The Working Time Regulations (Northern Ireland) 2016 (S.R. 2016/49), regs. 1, 53(8) (with reg. 22(1))

Marginal Citations

M4 1970 c. 32 (N.I.); s. 2(1) was substituted by S.I. 1976/1042 (N.I. 15), Schedule 1, paragraph 2(1)

M5 S.I. 1976/1042 (N.I. 15)

M6 S.I. 1995/1980 (N.I. 12)

M7 1995 c. 50; s. 17A was amended by S.R. 2004 No. 55, regulation 9

M8 S.I. 1996/1919 (N.I. 16)

M9 S.R. 1994 No. 308

M10 S.I. 1997/869 (N.I. 6)

M11 1998 c. 39

M12 S.R. 1998 No. 386

M13 S.I. 1999/3323

M14 S.R. 2000 No. 219

M15 S.R. 2002 No. 298

M16 S.I. 2003/3049

M17 S.R. 2003 No. 497

M18 S.I. 2004/1713

M19 S.R. 2004 No. 417

M20 S.R. 2005 No. 47

M21 S.I. 2006/246

M22 S.R. 2006 No. 48

M23 S.R. 2006 No. 177

M24 S.R. 2006 No. 261

M25 S.I. 2006/2059

M26 S.I. 2007/2974

M27 S.R. 2008 No. 315

M28 2008 c. 13 (N.I.)

M29 S.I. 2009/2402

M30 S.R. 2011 No. 350

Explanatory Note

(This note is not part of the Order)

Under Article 84A(1)(b) of the Industrial Relations (Northern Ireland) Order 1992, the Department for Employment and Learning is empowered to specify statutory provisions in respect of which the Labour Relations Agency may prepare an arbitration scheme for dealing with disputes which are or could become the subject of industrial tribunal proceedings.

This Order utilises that power, listing in the Schedule a range of employment rights jurisdictions in respect of which the Agency may prepare a scheme.

The Department has not prepared a specific impact assessment in respect of this Order. The impact of revised arbitration arrangements has already been assessed in connection with the Department's review of systems for resolving disputes arising in the workplace. For more information, visit www.delni.gov.uk or contact the Department.