Amendments to the part-time workers (prevention of less favourable treatment) regulations (Northern Ireland) 2000

Summary:

Earlier this year, under cover of a letter from Mrs Carmel Hanna, Minister for Employment and Learning, the Department issued a consultation document, including draft Regulations, seeking views on the implementation in Northern Ireland of the European Directive on Fixed Term Work. The prospective implementation of the Fixed Term Work Directive by July 2002 has highlighted the need for consideration of amendments to the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000. Specifically there is a need to consider two aspects of those Regulations, contained in Regulation 2 (Comparators) and Regulation 8 (Access to Occupational Health Schemes). Regulation 2 provides that a part-time worker on a fixed-term contract must compare him- or herself with a full-time worker on a fixed-term contract, and cannot compare him- or herself with a full-time worker on a permanent contract. It is the Department’s view that the implementation of the Fixed Term Work Directive may give rise to the possibility of allegations of less favourable treatment of part-timers on the grounds that they are fixed-term workers. Less favourable treatment of fixed-term workers is contrary to the Fixed Term Work Directive, and an amendment to the Part-time Work Regulations is therefore necessary. Regulation 8, which deals with time-limits on access to an occupational pension scheme, requires amendment to ensure compliance with a House of Lords judgement in the case of Preston v Wolverhampton Healthcare Trust. The Department has prepared draft Regulations which amend the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000. A public consultation on the draft Regulations, together with a Regulatory Impact Assessment and Equality Impact Assessment, was issued on 28th March 2002 under cover of a minute from the Department. Responses are sought by 30th April 2002. Date of Publication: 28 Mar 2002 Consultation Period runs until: 30 Apr 2002

Publish Date:

28 March 2002

Availability:

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