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The Working Time Regulations 1998: Shift Workers
27/04/2012
The Working Time Regulations 1998 (‘the Regulations’) are particularly relevant to sectors who undertake shift work, overtime and night time working. Some key points are summarised below to assist employers who operate shift patterns in ensuring they stay on the right side of the Regulations.
The basic premise of the Regulations is that employees must not work more than 48 hours a week. If, as a employer you employ or engage a worker who works over and above this limit, you should ensure that they sign a simple form of opt-out agreement every three months. If...
New Pleural Plaques Legislation introduced in Northern Ireland
07/03/2012
New legislation has recently been introduced in Northern Ireland, which will allow sufferers from the asbestos related condition Pleural Plaques to claim compensation.
In 2007, the House of Lords in the case of Johnston v NEI Industrial Combustion Ltd held that, in law, pleural plaques do not constitute actionable damage. This put an end to compensation claims for pleural plaques sufferers in the UK.
In October of last year however, a Supreme Court ruling found that the Scottish Parliament acted within its powers in making pleural plaques compensatable, thwarting a challenge by a number of...
Renewing Your Liquor Licence, Preparing for the 2012 Deadline
24/01/2012
Basic Renewals
The deadline for the renewal of the vast majority of Liquor Licences in Northern Ireland is approaching once again. The 5-yearly cycle ends in September 2012 by which point all current Liquor Licences ought to have been through the Magistrate’s Court renewals procedure. The renewal application itself must be prepared and served on the Courts and the other statutory bodies an absolute minimum of 3 weeks in advance of 1st September 2012, and therefore we would strongly recommend that in or around March next year steps are taken to begin the process by...
School Trips and Educational Visits – Helpful Guidance
15/11/2011
With various recent news stories about serious injuries and fatalities sustained by pupils on school trips, it is important that guidance in this area is taken on board when planning an educational visit or school trip. A Board of Governors has a statutory duty under Article 17 of the Education and Libraries (Northern Ireland) Order 2003 to safeguard and promote the welfare of registered pupils at the school at all times when the pupils are in the lawful control or charge of a member of the staff of the school. This duty will exist during educational visits and school trips....
New TNC documentation: Grievances and Paternity Leave
15/11/2011
DENI has issued new guidance entitled “Joint Protocol for Dealing with Grievances/Complaints involving staff employed by different Employer/Employing Authorities” (TNC 2011/7). This guidance is issued in relation to the agreed way forward to dealing with grievances raised by staff members which involve staff members who are employed by a different employing authority.
The guidance directs that the grievance procedure of the Employing Authority with which the member of staff is employed should be used where the complaint is against a staff member of another employing...
New Admissions Guidance
17/10/2011
The Department of Education Northern Ireland, on 15th September 2011, issued a circular entitled the “Procedure for Transfer from Primary to Post-primary Education 2012/13”. This circular, whilst having broad similarities to the previous guidance in this area, notes the Departments change in relation to the funding of the parent-primary school principal meeting in relation to the completion of the transfer form. The circular is available online here.
Some key dates in the circular which should be noted by post-primary schools are: 16thDecember 2011 for the...
New Internet Safety Guidelines from DENI
17/10/2011
The Department of Education Northern Ireland, ("DENI") issued a new circular entitled “Internet Safety” on 27th September 2011. This circular addresses and clarifies the capabilities of the C2K filtering system for schools’ Internet.
The circular also provides essential guidance in relation to schools which set up its own school network separate from the C2k managed service. The circular recommends that such a network should have a filtering system of “an appropriate standard to ensure the safety of…pupils”. This includes...
Public Procurement Update: The Public Procurement (Miscellaneous Amendments) Regulations 2011
17/10/2011
New changes to the time limits within which economic operators can challenge public procurement decisions have changed again with effect from 01 October 2011. Following wholesale changes made at Christmas 2009 the regime has again been altered to take account of recent European Court decisions. The new rules apply across the UK, except in Scotland.
Following the decision by the European Court in Uniplex (2010) it was decided that the relevant Regulations offended EU law principles of effectiveness and certainty by virtue of the time limits for a challenge stated that they be...
School Policies
12/09/2011
There being so many policies and procedures needed by schools, it is often difficult to remember which policies are necessary and under which authority these policies are required.
The DENI Handbook for governors, entitled “Every School a Good School, the Governors’ Role” gives useful clarity on the above. There is an Appendix 3 in this Guide, which usefully summarizes the policies which are statutory and those which are required by primary or subordinate legislative authority. The Appendix also details additional employment policies and procedures,...
Community Use of School Facilities
12/09/2011
In the DENI’s published Handbook for governors, entitled “Every School a Good School, the Governors’ Role”, Chapter 21 addresses the issue of governors management of the school premises. The Handbook recognises that a schools’ facilities are a “significant public resource” and should be more widely used by schools themselves and by local communities.
The Handbook gives some much-needed clarity around legally managing the community use of school premises. Firstly, if use of the school premises is to be for non-school purposes, the Board of...
