The Employment Rights (Northern Ireland) Order 1996

Link to law: http://www.legislation.gov.uk/nisi/1996/1919/contents

Introductory Text

PART I INTRODUCTORY AND INTERPRETATION

CHAPTER I CITATION AND COMMENCEMENT
1.Citation and commencement

CHAPTER II INTERPRETATION – GENERAL

2.Interpretation – general
3.Employees, workers
4.Associated employers
5.Normal working hours

CHAPTER III CONTINUOUS EMPLOYMENT

6.Introductory
7.Period of continuous employment
8.Weeks counting in computing period
9.Intervals in employment
10.Special provisions for redundancy payments
11.Employment abroad etc.
12.Industrial disputes
13.Reinstatement after military service
14.Change of employer
15.Reinstatement or re-engagement of dismissed employee

CHAPTER IV A WEEK'S PAY

Introductory
16.Introductory

Employments with normal working hours

17.General
18.Remuneration varying according to time of work
19.Supplementary

Employments with no normal working hours
20.Employments with no normal working hours

The calculation date

21.Rights during employment
22.Rights on termination

Maximum amount of week's pay
23.Maximum amount

Miscellaneous

24.New employments and other special cases
25.Supplementary

PART II ACCESS TO EMPLOYMENT

26.Refusal of employment on grounds related to union membership
27.Refusal of service of employment agency on grounds related to union membership
28.Complaints to industrial tribunal
29.Determination of complaints
30.Complaint against employer and employment agency
31.Awards against third parties
32.Interpretation and other supplementary provisions

PART III EMPLOYMENT PARTICULARS

Right to statements of employment particulars

33.Statement of initial employment particulars
34.Statement of initial particulars: supplementary
35.Note about disciplinary procedures and pensions
36.Statement of changes
37.Exclusion from rights to statements
38.Reasonably accessible document or collective agreement
39.Power of Department to require particulars of further matters
39A.Use of alternative documents to give particulars
39B.Giving of alternative documents before start of employment

Right to itemised pay statement

40.Itemised pay statement
41.Standing statement of fixed deductions
42.Power to amend provisions about pay and standing statements

Enforcement

43.References to industrial tribunals
44.Determination of references

PART IV PROTECTION OF WAGES

Deductions by employer

45.Right not to suffer unauthorised deductions
46.Excepted deductions

Payments to employer

47.Right not to have to make payments to employer
48.Excepted payments

Cash shortages and stock deficiencies in retail employment

49.Introductory
50.Limits on amount and time of deductions
51.Wages determined by reference to shortages etc.
52.Limits on method and timing of payments
53.Limit on amount of payments
54.Final instalments of wages

Enforcement

55.Complaints to industrial tribunals
56.Determination of complaints
57.Determinations: supplementary
58.Complaints and other remedies

Supplementary
59.Meaning of “wages” etc.

PART V GUARANTEE PAYMENTS

60.Right to guarantee payment
61.Exclusions from right to guarantee payment
62.Calculation of guarantee payment
63.Limits on amount of and entitlement to guarantee payment
64.Contractual remuneration
65.Power to modify provisions about guarantee payments
66.Complaints to industrial tribunals
67.Exemption orders

PART VA PROTECTED DISCLOSURES

67A.Meaning of “protected disclosure”
67B.Disclosures qualifying for protection
67C.Disclosure to employer or other responsible person
67D.Disclosure to legal adviser
67E.Disclosure to Minister of the Crown or a Northern Ireland department
67F.Disclosure to prescribed person
67G.Disclosure in other cases
67H.Disclosure of exceptionally serious failure
67J.Contractual duties of confidentiality
67K.Extension of meaning of “worker” etc. for Part VA
67KA.Application of Part VA and related provisions to police
67L.Other interpretative provisions

PART VI PROTECTION FROM SUFFERING DETRIMENT ETC. IN EMPLOYMENT

CHAPTER I RIGHTS NOT TO SUFFER DETRIMENT

67M.Jury service
68.Health and safety cases
68A.Working time cases
69.Trustees of occupational pension schemes
70.Employee representatives
70A.Employees exercising right to time off work for study or training
70B.Protected disclosures
70C.Leave for family and domestic reasons
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70E. Flexible working
71.Complaints to industrial tribunals
72.Remedies
72A.Application to police of Article 68 and related provisions

CHAPTER II DETRIMENT

73.Detriment on grounds related to union membership or activities
74.Complaints to industrial tribunal
75.Consideration of complaint
76.Remedies
77.Awards against third parties

CHAPTER III INDUCEMENTS

77A.Inducements relating to union membership or activities
77B.Inducements relating to collective bargaining
77C.Time limit for proceedings
77D.Consideration of complaint
77E.Remedies
77F.Interpretation and other supplementary provisions

PART VII TIME OFF WORK

Public duties

78.Right to time off for public duties
79.Complaints to industrial tribunals

Looking for work and making arrangements for training

80.Right to time off to look for work or arrange training
81.Right to remuneration for time off under Article 80
82.Complaints to industrial tribunals

Ante-natal care

83.Right to time off for ante-natal care
84.Right to remuneration for time off under Article 83
85.Complaints to industrial tribunals

Dependants

85A.Time off for dependants
85B.Complaint to industrial tribunal

Occupational pension scheme trustees

86.Right to time off for pension scheme trustees
87.Right to payment for time off under Article 86
88.Complaints to industrial tribunals

Employee representatives

89.Right to time off for employee representatives
90.Right to remuneration for time off under Article 89
91.Complaints to industrial tribunals

Study or training

91A.Right to time off for young person for study or training
91B.Right to remuneration for time off under Article 91A
91C.Complaints to industrial tribunals

Trade union duties and activities

92.Right to time off for carrying out trade union duties
92A.Time off for union learning representatives
93.Right to remuneration for time off under Article 92
94.Right to time off for trade union activities
95.Complaints to industrial tribunals

PART VIII SUSPENSION FROM WORK

Suspension on medical grounds

96.Right to remuneration on suspension on medical grounds
97.Exclusions from right to remuneration

Suspension on maternity grounds

98.Meaning of suspension on maternity grounds
99.Right to offer of alternative work
100.Right to remuneration

General

101.Calculation of remuneration
102.Complaints to industrial tribunals

PART IX

CHAPTER I MATERNITY LEAVE

103.Ordinary maternity leave
104.Compulsory maternity leave
105.Additional maternity leave
106.Redundancy and dismissal
107.Articles 103 to 105: supplemental

CHAPTER IA ADOPTION LEAVE

107A.Ordinary adoption leave
107B.Additional adoption leave
107C.Redundancy and dismissal
107D.Chapter IA: supplemental

CHAPTER II PARENTAL LEAVE

108.Entitlement to parental leave
109.Rights during and after parental leave
110.Special cases
111.Supplemental
112.Complaint to industrial tribunal

CHAPTER III PATERNITY LEAVE

112A.Entitlement to ordinary paternity leave: birth
112AA.Entitlement to additional paternity leave: birth
112B.Entitlement to ordinary paternity leave: adoption
112BB.Entitlement to additional paternity leave: adoption
112C.Rights during and after paternity leave
112D.Special cases
112E.Chapter III: supplemental

PART IXA FLEXIBLE WORKING

112F.Statutory right to request contract variation
112G.Employer's duties in relation to application under Artice 112F
112H.Complaints to industrial tribunals
112I.Remedies

PART X TERMINATION OF EMPLOYMENT

Minimum period of notice

118.Rights of employer and employee to minimum notice
119.Rights of employee in period of notice
120.Employments with normal working hours
121.Employments without normal working hours
122.Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit
123.Supplementary

Written statement of reasons for dismissal

124.Right to written statement of reasons for dismissal
125.Complaints to industrial tribunal

PART XI UNFAIR DISMISSAL

CHAPTER I RIGHT NOT TO BE UNFAIRLY DISMISSED

The right
126.The right

Dismissal

127.Circumstances in which an employee is dismissed
Art. 128 rep. by 1999 NI 9
129.Effective date of termination

Fairness
130.General

Retirement

130ZA.No normal retirement age: dismissal before 65
130ZB.No normal retirement age: dismissal at or after 65
130ZC.Normal retirement age: dismissal before retirement age
130ZD.Normal retirement age 65 or higher: dismissal at or after retirement age
130ZE.Normal retirement age below 65: dismissal at or after retirement age
130ZF.Reason for dismissal: particular matters
130ZG.Retirement dismissals: fairness
130ZH.Interpretation

Other Dismissals

130A.Procedural fairness
130B.Jury service
131.Leave for family reasons
132.Health and safety cases
132A.Working time cases
133.Trustees of occupational pension schemes
134.Employee representatives
134A.Protected disclosure
135.Assertion of statutory right
135A.The national minimum wage
135B.Tax credit
135C.Flexible working
135D.Pension enrolment
136.Trade union membership or activities
137.Redundancy
138.Replacements
139.Pressure on employer to dismiss unfairly

Exclusion of right

140.Qualifying period of employment
141.Upper age limit
142.Dismissal procedures agreements
143.Dismissal of those taking part in unofficial industrial action
144.Dismissals in connection with other industrial action
144A.Participation in official industrial action
144B.Conciliation and mediation: supplementary provisions

CHAPTER II REMEDIES FOR UNFAIR DISMISSAL

Introductory

145.Complaints to industrial tribunal
146.The remedies: orders and compensation

Orders for reinstatement or re-engagement

147.The orders
148.Order for reinstatement
149.Order for re-engagement
150.Choice of order and its terms
151.Enforcement of order and compensation

Compensation

152.General
153.Basic award
154.Basic award: minimum in certain cases
155.Basic award of two weeks' pay in certain cases
156.Basic award: reductions
157.Compensatory award
158.Limit of compensatory award etc.
158A.Adjustments under the Employment (Northern Ireland) Order 2003
Art. 159 rep. by 1999 NI 9
160.Acts which are both unfair dismissal and discrimination
161.Matters to be disregarded in assessing contributory fault
Art. 162 rep. by 1999 NI 9
Art. 162A rep. by 2003 NI 15
Art. 162B rep. by 1999 NI 9

Interim relief

163.Interim relief pending determination of complaint
164.Procedure on hearing of application and making of order
165.Order for continuation of contract of employment
166.Application for variation or revocation of order
167.Consequence of failure to comply with order

CHAPTER III SUPPLEMENTARY

168.Death of employer or employee
169.Awards against third parties
169A.Application to police

PART XII REDUNDANCY PAYMENTS ETC.

CHAPTER I RIGHT TO REDUNDANCY PAYMENT
170.The right

CHAPTER II RIGHT ON DISMISSAL BY REASON OF REDUNDANCY

Dismissal by reason of redundancy

171.Circumstances in which an employee is dismissed
173.No dismissal in cases of renewal of contract or re-engagement
174.Redundancy

Exclusions

175.Summary dismissal
176.Renewal of contract or re-engagement
177.Employee anticipating expiry of employer's notice
178.Strike during currency of employer's notice
179.Provisions supplementary to Article 178

Supplementary

180.The relevant date
181.Provisions supplementing Articles 173 and 176

CHAPTER III RIGHT BY REASON OF LAY-OFF OR SHORT-TIME

Lay-off and short-time

182.Meaning of “lay-off” and “short-time”
183.Eligibility by reason of lay-off or short-time

Exclusions

184.Counter-notices
185.Resignation
186.Dismissal
187.Likelihood of full employment

Supplementary

188.The relevant date
189.Provisions supplementing Articles 183 and 187

CHAPTER IV GENERAL EXCLUSIONS FROM RIGHT

190.Qualifying period of employment
191.Upper age limit
192.Exemption orders
193.Pension rights
194.Public offices etc.
195.Overseas government employment
196.Domestic servants

CHAPTER V OTHER PROVISIONS ABOUT REDUNDANCY PAYMENTS

197.Amount of a redundancy payment
198.References to industrial tribunals
199.Claims for redundancy payment
200.Written particulars of redundancy payment

CHAPTER VI PAYMENTS BY DEPARTMENT

201.Applications for payments
202.Making of payments
203.Amount of payments
204.Information relating to applications for payments
205.References to industrial tribunals

CHAPTER VII SUPPLEMENTARY

Application of Part to particular cases

206.Employment not under contract of employment
207.Termination of employment by statute
208.Employees paid by person other than employer

Death of employer or employee

209.Death of employer: dismissal
210.Death of employer: lay-off and short-time
211.Death of employee

Equivalent payments
212.References to industrial tribunals

Other supplementary provisions

213.Old statutory compensation schemes
214.Notices
215.Interpretation

PART XIII PROCEDURE FOR HANDLING REDUNDANCIES

Duty of employer to consult representatives of employees

216.Duty of employer to consult representatives of employees
216A.Election of employee representatives
217.Complaint and protective award
218.Entitlement under protective award
219.Termination of employment during protected period
220.Complaint by employee to industrial tribunal

Duty of employer to notify Department

221.Duty of employer to notify Department of certain redundancies
222.Offence of failure to notify

Supplementary provisions

223.Construction of references to dismissal as redundant etc.
224.Construction of references to representatives
225.Power to vary provisions
226.Power to adapt provisions in case of collective agreement

PART XIV INSOLVENCY OF EMPLOYERS

227.Employee's rights on insolvency of employer
228.Insolvency
229.Debts to which Part applies
230.The appropriate date
231.Limit on amount payable under Article 227
232.Role of relevant officer
233.Complaints to industrial tribunals
234.Transfer to Department of rights and remedies
235.Power to obtain information

PART XV MISCELLANEOUS

CHAPTER I PARTICULAR TYPES OF EMPLOYMENT

Crown employment etc.

236.Crown employment
237.Armed forces
238.National security

Excluded classes of employment

239.Employment outside Northern Ireland
Art. 240 rep. by SR 2002/298
241.Short-term employment
242.Mariners
243.Police officers

CHAPTER II OTHER MISCELLANEOUS MATTERS

Restrictions on disclosure of information
244.National security etc.

Contracting out etc. and remedies

245.Restrictions on contracting out
246.Law governing employment
247.Remedy for infringement of certain rights

General provisions about death of employer or employee

248.Institution or continuance of tribunal proceedings
249.Rights and liabilities accruing after death

Modifications of Order
250.Powers to amend Order

PART XVI GENERAL AND SUPPLEMENTARY

General

251.Orders and regulations
252.Financial provisions

Reciprocal arrangements

253.Reciprocal arrangements with Great Britain
254.Reciprocal arrangements with Isle of Man

Final provisions

Article 255—Amendments
256.Transitionals, savings and transitory provisions
257.Repeals and revocations

SCHEDULES

SCHEDULE 2
TRANSITIONAL PROVISIONS, SAVINGS AND TRANSITORY PROVISIONS

PART I TRANSITIONAL PROVISIONS AND SAVINGS

General transitionals and savings

1.The substitution of this Order for the provisions repealed or...
2.(1) Anything done, or having effect as done, (including the...
3.Any reference (express or implied) in this Order or any...
4.(1) Any reference (express or implied) in any statutory provision,...
5.Paragraphs 1 to 4 have effect in place of section...

Preservation of old transitionals and savings
6.(1) The repeal by this Order of a statutory provision...

Employment particulars
7.(1) In this paragraph “existing employee” means an employee whose...

Monetary limits in old cases
8.In relation to any case in which (but for this...

Periods of employment

9.(1) The reference in Article 11(2)(b) to a person being...
10.(1) Subject to paragraph 9 and sub-paragraph (2), Chapter III...

PART II TRANSITORY PROVISIONS

Occupational pension scheme trustees
11.(1) If Articles 42 to 46 of the Pensions (Northern...

Armed forces

12.(1) If Article 10 of the Industrial Relations (Northern Ireland)...
Para. 13 rep. by 1998 NI 8
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