|Change||Implementation Date||Further information|
|Forthcoming legislative changes|
|Equality Bill 2016
A Bill has been drafted which will deal with discrimination comprehensively in respect of both employment and the provision of goods and services on various grounds including race; religion; sexual orientation; age; disability; and gender reassignment. Work on the Bill is being led by the Cabinet Office but with support from the Department of Economic Development (DED).
The Bill was subject to consultation from August to November 2014. During that time a large number of responses were received. The Government's response to the consultation was published on 14 October 2015. The consultation document, the Government response to the consultation and other relevant documents can be found on the Government’s Consultation page.
Some amendments and additions to the Bill, including to Schedule 21 [Employment Legislation – Miscellaneous Amendments] were made between the end of the consultation and the commencement of the Bill’s passage through the Legislative Branches. These changes were set out in the Explanatory Notes for Tynwald Members which were published on the Tynwald website. The Bill, as introduced into the Legislative Branches, and the accompanying Explanatory Notes can be found on the Bills page of the Tynwald website.
Due to the general election and the possibility of losing the Bill on the dissolution of the Keys, the Bill began its passage in the Legislative Council. The Bill had its first reading in the Council on 8 March 2016 and its second reading on 22 March. Due to the length of the Bill, the Clauses stage was then taken over three successive sittings during which a small number of Government sponsored amendments (corrections to the Bill), were approved. The Bill received its third reading in the Council on 14 June. The list of amendments made by the Legislative Council, together with a brief description of each, can be found on the Bills page of the Tynwald website.
Plans to progress the Bill
The Bill is being promoted in the Keys by the Hon. Chris Thomas, Minister for Policy and Reform. The Bill's first reading in the House of Keys was on 22 November and its second reading on 29 November. The Clauses Stage, wherein individual clauses are scrutinised and may be amended was taken over 4 separate sittings from 31 January 2017 to 28 February. The Bill received its Third reading on 7 March.
Some further Government amendments to the Bill were moved at the Clauses stage; some of these amendments were additional corrections and clarifications while others were required to take account of the passing of the Marriage and Civil Partnership (Amendment) Act 2016 which has made provision for same sex marriage and opposite sex civil partnerships. There were also some additional amendments to Schedule 21 [Employment Legislation – Miscellaneous Amendments]. In addition a number of amendments made by individuals MHKs, both in respect of the main equality provisions and Schedule 21 were successful. These amendments are now due to be considered by the Legislative Council on 28 March.
The Bill, as amended by the Legislative Council, together with a revised set of Explanatory Notes which contains some further information on the Government amendments can be found on the Bills page of the Tynwald website. A list of all amendments approved by the House of Keys with information about each is also available.
Following Royal Assent, which may be expected towards the middle of the year, the Bill will be phased in over a 2 year period. A detailed timetable will be published in due course while it is also planned to recruit an officer to brief employers, workers and other interested parties on the effects of the Bill and to advise of any necessary preparations well in advance of the Bill coming into force.
|The initial draft Bill, accompanying consultation document and the Government's response to the consultation can all be found on the Consultations Website.
Versions of the Bill as introduced into the Legislative Council and subsequently introduced into the House of Keys, together with Explanatory Notes circulated for the information of Members of Tynwald can be found on the Tynwald Bills in Progress page.
|Recent legislative changes|
|The Public Interest Disclosure (Prescribed Persons) Order 2016
The Public Interest Disclosure (Prescribed Persons) Order 2016, which was approved by Tynwald on 13 December 2016, prescribes persons for the purposes of section 54 of the Employment Act 2006, which relates to 'whistle-blowing'. The effect of the Order, taken with section 54, is that a worker will be protected by Part IV of that Act if, in good faith, he or she discloses an offence, breach or failure to a person specified in column 1 of the Schedule to the Order, reasonably believing that the offence, breach or failure disclosed falls within the matters specified in column 2 of the Schedule. The order replaces an earlier order from 2007.
|16 December 2016||The Public Interest Disclosure (Prescribed Persons) Order 2016|
|Increase in Compensation Limits
The Employment (Maximum Amount of Awards) Order 2016, which was approved at the July Tynwald, has increased from £50,000 to £56,000 the maximum amount of certain awards which may be made by the Employment Tribunal, viz. compensatory awards on a complaint of unfair dismissal, discrimination at recruitment on trade union grounds, sex discrimination, detriment for enforcing the right to the minimum wage and for failure to comply with an order for reinstatement or re-engagement.
The Employment (Maximum Amount of a Week's Pay) Order 2016, also approved at the July Tynwald, has increased from £480 to £540 the maximum amount of a week’s pay, which is used for calculating the basic award of compensation which may be made by the Employment Tribunal on a complaint of unfair dismissal, and various other awards under the Employment Act 2006, and a redundancy payment under the Redundancy Payments Act 1990.The increases apply where the event giving rise to the entitlement to compensation occurred on or after 1 August 2016.
|1 August 2016||Employment (Maximum Amount of Awards) Order 2016
Employment (Maximum Amount of a Week's Pay) Order 2016
|New or revised guides|
|Guide||Publication date||Further information|
|Isle of Man Employment Rights: a Summary||February 2017||Isle of Man Employment Rights: a Summary|
|A Brief Guide to Whistleblowing||December 2016||A Brief Guide to Whistleblowing|
|Polish Edition of 'Isle of Man Employment Rights: a Summary'||August 2016||Polish Edition of 'Isle of Man Employment Rights: a Summary'|
|Isle of Man Employment Rights and Responsibilities: a Guide for Employers, Employees and Workers||August 2016||Isle of Man Employment Rights and Responsibilities: a Guide for Employers, Employees and Workers|
|A Guide to Work Permits||August 2016||A Guide to Work Permits|
|Holidays and Holiday Pay||April 2016||Holidays and Holiday Pay|
Page last updated: 07 March 2017