EMPLOYMENT BILL
NOTICE OF AMENDMENTS TABLED ON
17 MAY 2010 FOR CONSIDERATION STAGE

New Clause

After clause 5 insert -

‘ Compensation for financial loss

Compensation for financial loss

5A. —(1) In Article 56 of the Employment Rights ( Northern Ireland) Order 1996 (NI 16) (determination of complaints relating to deductions from wages or payments to employer) —

(a) the existing provision becomes paragraph (1), and

(b) after that provision insert —

“(2) Where a tribuna l makes a declaration under paragraph (1), it may order the employer to pay to the worker (in addition to any amount ordered to be paid under that paragraph) such amount as the tribunal considers appropriate in all the circumstances to compensate the worker for any financial loss sustained by him which is attributable to the matter complained of.”.

(2) In Article 198 of that Order (determination of questions relating to redundancy payments), at the end insert —

“(5) Where a tribunal determines under paragraph (1) that an employee has a right to a redundancy payment, it may order the employer to pay to the employee such amount as the tribunal considers appropriate in all the circumstances to compensate the employee for any financial loss sustained by him which is attributable to the non-payment of the redundancy payment.”.

(3) This section does not have effect in relation to proceedings on a complaint presented to the industrial tribunal before the commencement of this section .’

Minister for Employment and Learning

Schedule 1, Page 5, Line 3

At end insert -

‘The Employment and Training Act ( Northern Ireland) 1950 (c. 29)

. In section 1(1A)(d) for “the Department” substitute “any person”.’

Minister for Employment and Learning

Schedule 1, Page 5, Line 3

At end insert -

‘The Industrial Training ( Northern Ireland) Order 1984 (NI 9)

. —(1) In Schedule 2 in paragraph 2(2) for head (b) substitute —

“(b) an equal number of persons appearing to the Department to be representative —

(i) of employers engaging in the industry; and

(ii) of employees in the industry;”.

(2) In Schedule 2 after paragraph 2(2) insert —

“(2A) The Minister shall consult —

(a) such organisations representative of employers as appear to the Minister to be appropriate about the arrangements for making an appointment under sub-paragraph (2)(b)(i);

(b) such organisations representative of employees as appear to the Minister to be appropriate about the arrangements for making an appointment under sub-paragraph (2)(b)(ii).”.’

Minister for Employment and Learning

Schedule 1, Page 5, Line 3

At end insert -

‘The Employment and Training (Amendment) ( Northern Ireland) Order 1988 (NI 10)

. In Article 4(1) for “the Department”, in the second place where it occurs, substitute “any person”.’

Minister for Employment and Learning

Schedule 1, Page 5, Line 11

At end insert -

‘(3) In Schedule 4 for paragraph 2 substitute —

“2. — (1) The Agency shall consist of the following persons appointed by the Minister —

(a) a chairman; and

(b) 9 other members of whom —

(i) 3 shall be persons appearing to the Minister to be representative of employers;

(ii) 3 shall be persons appearing to the Minister to be representative of employees; and

(iii) 3 shall be such other persons as appear to the Minister to be appropriate.

(2) The Minister shall consult —

(a) such organisations representative of employers as appear to the Minister to be appropriate about the arrangements for making an appointment under sub-paragraph (1)(b)(i);

(b) such organisations representative of employees as appear to the Minister to be appropriate about the arrangements for making an appointment under sub-paragraph (1)(b)(ii).”.’

Minister for Employment and Learning

Long Title

After ‘Court;’ insert ‘to provide for compensation for financial loss in cases of unlawful underpayment or non-payment;’

Minister for Employment and Learning