The Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Regulation 2

SCHEDULEN.I.AMENDMENTS TO EMPLOYMENT RIGHTS LEGISLATION EXTENDING TO NORTHERN IRELAND

PART 1N.I.PRIMARY LEGISLATION

The Employment Rights (Northern Ireland) Order 1996N.I.

1.  In Article 111 M1 (entitlement to parental leave – supplemental) of the Employment Rights (Northern Ireland) Order 1996 M2, omit paragraph (3).

The Employment Relations (Northern Ireland) Order 1999N.I.

2.  In Article 21 (part-time work: discrimination) of the Employment Relations (Northern Ireland) Order 1999 M3, omit paragraph (4).

Employment Act 2002N.I.

3.  In section 46 (fixed-term work: Northern Ireland) of the Employment Act 2002 M4, omit subsection (4).

Employment Relations Act 2004N.I.

4.—(1) Section 43 (information and consultation: Northern Ireland) of the Employment Relations Act 2004 M5 is amended as follows.

(2) Omit subsection (5).

(3) In subsection (6), for “(2) to (5)” substitute “ (2) to (4) ”.

PART 2N.I.SECONDARY LEGISLATION

Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2002N.I.

5.—(1) The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2002 M6 are amended as follows.

(2) In regulation 3 (treatment of persons in other EEA States as employees)—

(a)in the heading omit “other”;

(b)in sub-paragraph (a) omit the words “other than the United Kingdom”;

(c)in sub-paragraph (b) after “1408/71” insert “ as amended from time to time or Regulation (EC) No 883/2004 M7 of the European Parliament and of the Council of 29 April 2004 as amended from time to time on the coordination of social security systems ”.

(3) In regulation 5 (entitlement to statutory paternity pay where person has worked in an EEA State)—

(a)in paragraph (1)—

(i)in sub-paragraph (b) for “another” substitute “ an ”;

(ii)after sub-paragraph (b) for “the other EEA” substitute “ the EEA ”;

(b)in paragraph (2)—

(i)in sub-paragraph (b) for “another” substitute “ an ”;

(ii)after sub-paragraph (b) for “the other EEA” substitute “ the EEA ”.

(4) In regulation 6 (entitlement to statutory adoption pay where person has worked in an EEA State)—

(a)in sub-paragraph (b) for “another” substitute “ an ”;

(b)after sub-paragraph (b) for “the other EEA” substitute “ the EEA ”.

The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2015N.I.

8.—(1) The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2015 M8 are amended as follows.

(2) In regulation 5 (treatment of persons in other EEA States as employees)—

(a)in the heading omit “other”;

(b)in sub-paragraph (a) omit “other than the United Kingdom”;

(c)in sub-paragraph (b) after “1408/71” insert “ as amended from time to time or Regulation (EC) 883/2004 of the European Parliament and of the Council of 29 April 2004 as amended from time to time on the coordination of social security systems ”.

(3) In regulation 7 (entitlement to statutory shared parental pay where person has worked in an EEA State)—

(a)in paragraph (1)—

(i)in sub-paragraph (c) for “another” substitute “ an ”;

(ii)after sub-paragraph (c) for “the other EEA” substitute “ the EEA ”;

(b)in paragraph (2)—

(i)in sub-paragraph (c) for “another” substitute “ an ”;

(ii)after sub-paragraph (c) for “the other EEA” substitute “ the EEA ”.

(4) In Schedule 2 (adoptions from overseas) in paragraph 6(1), in the modified version of regulation 7(2)—

(a)in sub-paragraph (c) for “another” substitute “ an ”;

(b)after sub-paragraph (c) for “the other EEA” substitute “ the EEA ”.

The Working Time Regulations (Northern Ireland) 2016N.I.

9.—(1) The Working Time Regulations (Northern Ireland) 2016 M9 are amended as follows.

(2) Regulation 22 (excluded sectors) is amended as follows—

(a)in paragraph (2) for sub-paragraph (b) substitute—

“(b)to workers to whom the Civil Aviation (Working Time) Regulations 2004 M10 apply.”;

(b)in paragraph (3) for the words from “Directive 2002/15/EC” to the end substitute “ the Road Transport (Working Time) Regulations (Northern Ireland) 2005 M11 apply ”.

The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016N.I.

10.—(1) The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016 M12 are amended as follows.

(2) In regulation 3 (scope of application of Part 2)—

(a)in paragraph (2)—

(i)for the definition of “employer” substitute—

““employer” means a service provider established in the United Kingdom or a Member State which posts or hires out workers in a manner described by paragraph 3 of Article 1 of Directive 96/71/EC M13;”;

(ii)in the definition of “posted worker in the construction sector”, in sub-paragraph (a), omit “other than the United Kingdom”.

(b)after paragraph (2) insert—

“(3) For the purposes of the definition of “employer” in paragraph (2), paragraph 3 of Article 1 of Directive 96/71/EC is to be read as if—

(a)in point (a)—

(i)after “post workers to” there were inserted “ the United Kingdom or ”;

(ii)after “operating in” there were inserted “ the United Kingdom or ”;

(b)in point (b), after “by the group in” there were inserted “ the United Kingdom or ”;

(c)in point (c), after “operating in” there were inserted “ the United Kingdom or ”.”

(3) In regulation 8 (cross-border enforcement of financial administrative penalties and fines) omit “other than the United Kingdom” in each place it occurs.

[F3The Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019N.I.

10A.  In Schedule 1 (Industrial Tribunals and Fair Employment Tribunal Rules of Procedure 2020) to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 omit rule 97 (references to the Court of Justice of the European Union).]

PART 3N.I.SAVING PROVISION

11.  The amendments made by Part 1 of this Schedule do not affect the validity of any regulations that came into force before exit day and were made under any of the Acts or Orders amended by that Part.N.I.