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The Department for Employment and Learning[1], in exercise of the powers conferred by Article 21 of the Employment Relations (Northern Ireland) Order 1999[2] and now vested in it[3] and of every other power enabling it in that behalf, hereby makes the following Regulation: - Citation and commencement 1. These Regulations may be cited as the Part-time Workers (Prevention of Less Favourable Treatment) (Amendment) Regulations (Northern Ireland) 2002 and shall come into operation on 1st October 2002. Amendment of the Regulations 2. - (1) The Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000[4] are amended as follows - (2) In regulation 2 (meaning of full-time worker, part-time worker and comparable full-time worker), for paragraph (3) substitute -
(b) employees employed under a contract of apprenticeship; (c) workers who are not employees; (d) any other description of worker that it is reasonable for the employer to treat differently from other workers on the ground that workers of that description have a different type of contract.".
(3) In regulation 8 (complaints to industrial tribunals) -
(b) in paragraph (9), omit the words "(subject to paragraph (8))".
(This note is not part of the Regulations.) These Regulations amend the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000 (S.R. 2000 No. 219) to secure -
(b) that, in order to comply with the terms of the judgement of the House of Lords in Preston-v-Wolverhampton Healthcare Trust (No. 2) [2001] ICR 217, the compensation that can be awarded in cases involving occupational pension schemes is no longer limited to the two years before the date on which the complaint was presented.
Notes: [1] Formerly known as the Department of Higher and Further Education, Training and Employment; renamed the Department for Employment and Learning by the Department for Employment and Learning Act (Northern Ireland) 2001 c. 15back [2] S.I. 1999/2790 (N.I. 9)back [3] The Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999/481) transferred functions under the Employment Relations (Northern Ireland) Order 1999 to the Department of Higher and Further Education, Training and Employment, now renamed the Department for Employment and Learningback
ISBN 0 337 94363 X
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