Mini Legal Compliance Audit

Equality Laws

Assessing how your policies meet the requirements of The Northern Ireland Act 1998, The Human Rights Act 1998, The Employment Equality (Age) Regulations (Northern Ireland) 2006, The Disability Discrimination Act 1995, The Equal Pay Act (NI) 1970, The Sex Discrimination (NI) Order 1976, The Maternity and Parental Leave etc. Regulations (NI) 1996, The Race Relations (NI) Order 1997, The Fair Employment & Treatment (NI) Order 1998, The Employment Equality (Sexual Orientation) Regulations (NI) 2003, Equality Act (Sexual Orientation) Regulations (NI) 2006 all of which prohibits discrimination, harassment, and victimisation on the basis of various characteristics, including age, disability, gender, gender reassignment, race, religion or belief, and sexual orientation. Your HR policies and practices must align with these anti-discrimination laws.

Fair Employment Legislation

Minimum Wage

In Northern Ireland legal compliance is crucial as compliance ensures that an organisation adheres to the myriad of complex employment laws and regulations that govern HR practices and protects the rights of employees in Northern Ireland. The Kmarc legal compliance audit will include:

Working Time Regulations

The Working Time Regulations (Northern Ireland) 2016 set limits on working hours, rest breaks, and annual leave entitlements for employees. Compliance with these regulations is essential for employee well-being and health and safety. Also did you know the regulations apply to all workers, including agency workers and freelancers. Did you know that following the decision in the Tyco case if you have workers travelling from home to clients, customers etc. that time is included in working time and you could be in breach of the regulations!

Specific to Northern Ireland and not seen anywhere else is the Fair Employment and Treatment (Northern Ireland) Order 1998 which addresses religious and political opinion issues and aims to promote equal opportunities and fair representation in the workplace. Employers must monitor and report on the composition of their workforce. Are you covered by the monitoring procedures? are you compliant? do you need to address any imbalances? before being open to tribunal claims or prosecution by the Equality Commission?

The National Minimum Wage and National Living Wage regulations set minimum wage rates for employees in Northern Ireland. Employers must ensure that they pay their employees at or above the minimum wage rates. Are you complying with the requirements of the National Minimum Wage Act 1998, The National Minimum Wage (Amendment) Regulations 2020, The National Minimum Wage (Amendment) (No. 2) Regulations 2020. The national minimum wage legislation has an option for employees to report breaches to HMRC who will investigate your business. Is that an intrusion your business has the time and experience to survive?

Data Protection

Health and Safety Laws

The General Data Protection Regulation (GDPR) applies in Northern Ireland, governing the processing of personal data. HR departments must handle employee data with care, ensuring consent, security, and transparency.

Employers must comply with an exhausting spread of health and safety regulations to ensure the safety and well-being of employees in the workplace. This includes conducting risk assessments, providing training, and having appropriate safety measures in place. I've counted them and this is probably an underestimate:

• 34 Uk wide pieces of primary and secondary legislation,

• 65 NI specific pieces of primary legislation,

• 187 pieces of seconadary legislation, and

• 5 Northern Ireland specific Codes of Practice.

  I'm sure your as familar with the 'Order for the Making of Felt Hats 1903' as you are with 'The Order for the Manufacture of Toy Balloons, Pouches and Footballs from India-Rubber 1911'.

Employment Contracts and Terms

Employment contracts should be in compliance with employment laws, and the terms and conditions of employment must adhere to legal standards. Contracts should include essential details such as salary, working hours, and benefits. From an employer perspective are you covered for non-compete and Intellectual Property (IP) retention issues?

Disciplinary Action

Trade Unions and Collective Bargaining

Employers should be aware of the rights of employees to join trade unions, engage in collective bargaining, and participate in industrial action. They must respect these rights and engage in negotiations when required. Are you aware of the issues and pitfalls?

If the impartial investigation confirms that bullying, harassment, or discrimination has occurred, the employer should take appropriate disciplinary action, which may include warnings, suspension, or termination of the offender's employment. This is where Kmarc HR Consulting can assit and add value to your process.

It is crucial for employers in Northern Ireland to create a workplace culture that values diversity, respects the dignity of all employees, and actively prevents bullying, harassment, and discrimination. Training, clear policies, and open communication are essential components in creating a respectful and inclusive work environment. Employees should be aware of their rights and options for reporting incidents to ensure a safe and fair workplace.

Kmarc Consultants have vast experience in this area.