The Employment Rights (Northern Ireland) Order 1996

Qualifying period of employment N.I.

140.—(1) Article 126 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than [F1 one year] ending with the effective date of termination.

(2) If an employee is dismissed by reason of any such requirement or recommendation as is referred to in Article 96(2), paragraph (1) has effect in relation to that dismissal as if for the words[F1 one year] there were substituted the words “one month”.

(3) Paragraph (1) does not apply if—

Sub‐para. (a) rep. by 1999 NI 9

[F2 (aa) paragraph (1) of Article 130B (read with paragraph (2) of that Article) applies,]

[F2 (b) paragraph (1) of Article 131 (read with any regulations made under that Article) applies,]

(c) paragraph (1) of Article 132 (read with paragraphs (2) and (3) of that Article) applies,

[F3 (cc) Article 132A applies,]

(d) Article 133 applies,

(e) Article 134 applies,

[F4 (ee) Article 134A applies,]

(f) paragraph (1) of Article 135 (read with paragraphs (2) and (3) of that Article) applies,

[F5 (ff) paragraph (1) of Article 135A (read with paragraph (2) of that Article) applies,]

[F6 F7 (fg) paragraph (1) of Article 135B (read with paragraph (2) of that Article) applies,]

[F8 (fh) Article 135C applies;]

(g) Article 136 applies, or

(h) Article 137 appliesF9 . . .

[F10 (j) Article 144A appliesF11 . . . ]

[F12 (k) paragraph (3) or (6) of regulation 28 of the Transnational Information and Consultation of Employees Regulations 1999 (read with paragraphs (4) and (7) of that regulations) appliesF13 . . . ]

[F11 (l) paragraph (1) of regulation 7 of the Part‐time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000 applies.F14 . . . ]

[F13 (m) paragraph (1) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 applies.F15 . . . ]

[F14 (n) paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 applies.F16 . . . ]

[F15 F17 (o) paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (read with paragraphs (4) and (7) of that regulation) applies.][F18 F19 . . .

(p) paragraph (3) or (6) of regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 applies][F20 , or

(p) paragraph 5(3) or (5) of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (read with paragraph 5(6) of that Schedule) applies.][F21 or

(q) head (a) or (b) of paragraph 13(5) of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 applies.][F22 or

(q) regulation 46 or 47 of the Companies (Cross-Border Mergers) Regulations 2007 applies.]

F1 SR 1999/277

F2 2004 NI 19

F3 SR 1998/386

F4 1998 NI 17

F5 1998 c. 39

F6 1999 c. 10

F7 Art. 140(3)(fg) insertion continued (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 27, Sch. 1 para. 4(4); S.I. 2002/1727, art. 2

F8 2003 NI 15

F9 SI 1999/3323

F10 1999 NI 9

F11 SR 2000/219

F12 SI 1999/2232

F13 SR 2002/298

F14 SR 2004/417

F15 SR 2005/47

F16 Word in art. 140(3)(n) omitted (6.4.2006) by virtue of Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (S.R. 2006/48), reg. 17, Sch. para. 6(3)(a)

F17 By Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 48(2)(a), Sch. 2 para. 8 it is provided (15.12.2007) that in art. 140(3)(o) omit the word "or"

F18 Art. 140(3)(p) and preceding word inserted (18.8.2006) by virtue of European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 2(2), 32(2)(b) (in their application in relation to Northern Ireland subject to the modifications in {Sch. 3 para. 11})

F19 Word in art. 140(3)(o) repealed (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 53, Sch. 7 para. 3(5)(a), Sch. 8(1) (with reg. 50)

F20 Art. 140(3)(p) and preceding words inserted (6.4.2006) by Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (S.R. 2006/48), reg. 17, Sch. para. 6(3)(b)

F21 Art. 140(3)(q) and preceding word inserted (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 53(1), Sch. 7 para. 3(5)(b) (with reg. 50)

F22 Art. 140(3)(q) and preceding word inserted (15.12.2007) by virtue of Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 48(2)(b), Sch. 2 para. 8