The Employment Rights (Northern Ireland) Order 1996

Rights during employment

21.—(1) Where the calculation is for the purposes of Article 62, the calculation date is—

(a) where the employee’s contract has been varied, or a new contract entered into, in connection with a period of short-time working, the last day on which the original contract was in force, and

(b) otherwise, the day in respect of which the guarantee payment is payable.

(2) Where the calculation is for the purposes of Article 81 or 82, the calculation date is the day on which the employer’s notice was given.

(3) Where the calculation is for the purposes of Article 84, the calculation date is the day of the appointment.

(4) Where the calculation is for the purposes of Article 90, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.

(5) Where the calculation is for the purposes of Article 101—

(a) in the case of an employee suspended on medical grounds, the calculation date is the day before that on which the suspension begins, and

(b) in the case of an employee suspended on maternity grounds, the calculation date is—

(i) where the day before that on which the suspension begins falls within either the employee’s maternity leave period or the further period up to the day on which the employee exercises the right conferred on her by Article 111, the day before the beginning of the maternity leave period, and

(ii) otherwise, the day before that on which the suspension begins.