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The Employment (Northern Ireland) Order 2003

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II INDUSTRIAL TRIBUNAL REFORM

    1. 3.Conciliation

    2. 4.Power to delegate prescription of forms, etc.

    3. 5.Determination without a hearing

    4. 6.Practice directions

    5. 7.Pre-hearing reviews

    6. 8.Costs, expenses and allowances

  4. PART III FAIR EMPLOYMENT TRIBUNAL REFORM

    1. 9.Power to delegate prescription of forms, etc.

    2. 10.Determination without a hearing

    3. 11.Conciliation

    4. 12.Practice directions

    5. 13.Pre-hearing reviews and preliminary matters

    6. 14.Costs and allowances

  5. PART IV DISPUTE RESOLUTION, ETC.

    1. Statutory procedures

      1. 15.Statutory dispute resolution procedures

      2. 16.Contracts of employment

      3. 17.Non-completion of statutory procedure: adjustment of awards by industrial tribunals

      4. 18.Non-completion of statutory procedure: adjustment of awards by Fair Employment Tribunal

      5. 19.Complaints about grievances: industrial tribunals

      6. 20.Complaints about grievances: Fair Employment Tribunal

      7. 21.Consequential adjustment of time limits: industrial tribunals

      8. 22.Consequential adjustment of time limits: Fair Employment Tribunal

      9. 23.Procedural fairness in unfair dismissal

    2. Employment particulars

      1. 24.Particulars of procedures relating to discipline or dismissal

      2. 25.Removal of exemption for small employers

      3. 26.Use of alternative documents to give particulars

      4. 27.Failure to give statement of employment particulars, etc.: industrial tribunals

      5. 28.Failure to give statement of employment particulars, etc.: Fair Employment Tribunal

    3. General

      1. 29.Unfair dismissal: adjustments under Articles 17 and 27

  6. PART V MISCELLANEOUS

    1. 30.Equal pay: questionnaires

    2. 31.Union learning representatives

    3. 32.Dismissal procedures agreements

    4. 33.Deputy Certification Officer

  7. PART VI SUPPLEMENTARY

    1. 34.Regulations and orders

    2. Article 35—Amendments and repeals

  8. SCHEDULES

    1. SCHEDULE 1

      STATUTORY DISPUTE RESOLUTION PROCEDURES

      1. PART I DISMISSAL AND DISCIPLINARY PROCEDURES

        1. CHAPTER I STANDARD PROCEDURE

          1. Step 1: statement of grounds for action and invitation to meeting

            1. 1.(1) The employer must set out in writing the employee's alleged conduct or characteristics, or...

          2. Step 2: meeting

            1. 2.(1) The meeting must take place before action is taken, except in the case where...

          3. Step 3: appeal

            1. 3.(1) If the employee does wish to appeal, he must inform the employer. (2) If...

        2. CHAPTER II MODIFIED PROCEDURE

          1. Step 1: statement of grounds for action

            1. 4.The employer must— (a) set out in writing— (i) the employee's alleged misconduct which has...

          2. Step 2: appeal

            1. 5.(1) If the employee does wish to appeal, he must inform the employer. (2) If...

      2. PART II GRIEVANCE PROCEDURES

        1. CHAPTER I STANDARD PROCEDURE

          1. Step 1: statement of grievance

            1. This div-1 has a number but no title; creating a P1group with an empty Title

            2. 6.The employee must set out the grievance in writing and send the statement or a...

          2. Step 2: meeting

            1. This div-1 has a number but no title; creating a P1group with an empty Title

            2. 7.(1) The employer must invite the employee to attend a meeting to discuss the grievance....

          3. Step 3: appeal

            1. This div-1 has a number but no title; creating a P1group with an empty Title

            2. 8.(1) If the employee does wish to appeal, he must inform the employer. (2) If...

        2. CHAPTER II MODIFIED PROCEDURE

          1. Step 1: statement of grievance

            1. This div-1 has a number but no title; creating a P1group with an empty Title

            2. 9.The employee must— (a) set out in writing— (i) the grievance, and (ii) the basis...

          2. Step 2: response

            1. This div-1 has a number but no title; creating a P1group with an empty Title

            2. 10.The employer must set out his response in writing and send the statement or a...

      3. PART III GENERAL REQUIREMENTS

        1. Introductory

          1. 11.The following requirements apply to each of the procedures set out in Part 1 (so...

        2. Timetable

          1. 12.Each step and action under the procedure must be taken without unreasonable delay.

        3. Meetings

          1. 13.(1) Timing and location of meetings must be reasonable. (2) Meetings must be conducted in...

      4. PART IV SUPPLEMENTARY

        1. Status of meetings

          1. 14.A meeting held for the purposes of this Schedule is a hearing for the purposes...

        2. Scope of grievance procedures

          1. 15.. . . . . . . . . . . . . . ....

    2. SCHEDULE 2

      TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 17 APPLIES

      1. Section 2 of the Equal Pay Act (Northern Ireland) 1970 (c. 32) (equality clauses)

      2. Section 2 of the Equal Pay Act (Northern Ireland) 1970 (c. 32) (equality clauses)

      3. Article 63 of the Sex Discrimination (Northern Ireland) Order 1976 ( NI 15) (discrimination in...

      4. Article 63 of the Sex Discrimination (Northern Ireland) Order 1976 ( NI 15) (discrimination in...

      5. Paragraph 156 of Schedule 1A to the Trade Union and Labour Relations (Northern Ireland) Order...

      6. Paragraph 156 of Schedule 1A to the Trade Union and Labour Relations (Northern Ireland) Order...

      7. Section 17A of the Disability Discrimination Act 1995 (c. 50) (discrimination in the employment field)

      8. Section 17A of the Disability Discrimination Act 1995 (c. 50) (discrimination in the employment field)

      9. Article 55 of the Employment Rights (Northern Ireland) Order 1996 ( NI 16) (unauthorised deductions...

      10. Article 55 of the Employment Rights (Northern Ireland) Order 1996 ( NI 16) (unauthorised deductions...

      11. Article 71 of that Order (detriment in employment)

      12. Article 71 of that Order (detriment in employment)

      13. Article 74 of that Order (detriment in relation to trade union membership and activities)

      14. Article 74 of that Order (detriment in relation to trade union membership and activities)

      15. Article 77A of that Order (inducements relating to union membership or activities)

      16. Article 77A of that Order (inducements relating to union membership or activities)

      17. Article 77B of that Order (inducements relating to collective bargaining)

      18. Article 77B of that Order (inducements relating to collective bargaining)

      19. Article 145 of that Order (unfair dismissal)

      20. Article 145 of that Order (unfair dismissal)

      21. Article 198 of that Order (redundancy payments)

      22. Article 198 of that Order (redundancy payments)

      23. Article 52 of the Race Relations (Northern Ireland) Order 1997 ( NI 6) (discrimination in...

      24. Article 52 of the Race Relations (Northern Ireland) Order 1997 ( NI 6) (discrimination in...

      25. Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to...

      26. Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to...

      27. The Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 ( SR 1994/308) (breach of...

      28. The Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 ( SR 1994/308) (breach of...

      29. Regulation 30 of the Working Time Regulations (Northern Ireland) 1998 ( SR 1998/386) (breach of...

      30. Regulation 30 of the Working Time Regulations (Northern Ireland) 1998 ( SR 1998/386) (breach of...

      31. Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 ( S.I. 1999/3323)...

      32. Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 ( S.I. 1999/3323)...

      33. Regulation 34 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (discrimination in the...

      34. Regulation 34 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (discrimination in the...

      35. Regulation 41 of the Employment Equality (Age) Regulations (Northern Ireland) 2006 (discrimination in the employment...

      36. Regulation 41 of the Employment Equality (Age) Regulations (Northern Ireland) 2006 (discrimination in the employment...

      37. ...

      38. ...

      39. Regulation 33 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (detriment: enforcement...

      40. Regulation 33 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (detriment: enforcement...

      41. Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers)...

      42. Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers)...

      43. Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment: enforcement and subsidiary provisions).

      44. Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment: enforcement and subsidiary provisions).

      45. Regulation 17 of the Cross-border Railways Services (Working Time) Regulations (Northern Ireland) 2008 (breach of...

      46. Regulation 17 of the Cross-border Railways Services (Working Time) Regulations (Northern Ireland) 2008 (breach of...

    3. SCHEDULE 3

      Section 2 of the Equal Pay Act (Northern Ireland) 1970 (c. 32) (equality clauses) Article...

      1. Section 2 of the Equal Pay Act (Northern Ireland) 1970 (c. 32) (equality clauses)

      2. Article 63 of the Sex Discrimination (Northern Ireland) Order 1976 ( NI 15) (discrimination in...

      3. Paragraph 156 of Schedule 1A to the Trade Union and Labour Relations (Northern Ireland) Order...

      4. Section 17A of the Disability Discrimination Act 1995 (c. 50) (discrimination in the employment field)

      5. Article 55 of the Employment Rights (Northern Ireland) Order 1996 ( NI 16) (unauthorised deductions...

      6. Article 71 of that Order (detriment in employment)

      7. Article 74 of that Order (detriment in relation to trade union membership and activities)

      8. Article 77A of that Order (inducements relating to union membership or activities)

      9. Article 77B of that Order (inducements relating to collective bargaining)

      10. Article 145 of that Order (unfair dismissal)

      11. Article 198 of that Order (redundancy payments)

      12. Article 52 of the Race Relations (Northern Ireland) Order 1997 ( NI 6) (discrimination in...

      13. Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to...

      14. Regulation 30 of the Working Time Regulations (Northern Ireland) 1998 ( SR 1998/386) (breach of...

      15. Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 ( S.I. 1999/3323)...

      16. Regulation 34 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (discrimination in the...

      17. Regulation 41 of the Employment Equality (Age) Regulations (Northern Ireland) 2006 (discrimination in the employment...

      18. Regulation 45 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 (detriment: enforcement and...

      19. Regulation 33 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (detriment: enforcement...

      20. Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers)...

      21. Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment: enforcement and subsidiary provisions).

      22. Regulation 17 of the Cross-border Railways Services (Working Time) Regulations (Northern Ireland) 2008 (breach of...

    4. SCHEDULE 4

      TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 27 APPLIES

      1. Section 2 of the Equal Pay Act (Northern Ireland) 1970 (c. 32) (equality clauses)

      2. Section 2 of the Equal Pay Act (Northern Ireland) 1970 (c. 32) (equality clauses)

      3. Article 63 of the Sex Discrimination (Northern Ireland) Order 1976 ( NI 15) (discrimination in...

      4. Article 63 of the Sex Discrimination (Northern Ireland) Order 1976 ( NI 15) (discrimination in...

      5. Paragraph 156 of Schedule 1A to the Trade Union and Labour Relations (Northern Ireland) Order...

      6. Paragraph 156 of Schedule 1A to the Trade Union and Labour Relations (Northern Ireland) Order...

      7. Section 17A of the Disability Discrimination Act 1995 (c. 50) (discrimination in the employment field)

      8. Section 17A of the Disability Discrimination Act 1995 (c. 50) (discrimination in the employment field)

      9. Article 55 of the Employment Rights (Northern Ireland) Order 1996 ( NI 16) (unauthorised deductions...

      10. Article 55 of the Employment Rights (Northern Ireland) Order 1996 ( NI 16) (unauthorised deductions...

      11. Article 71 of that Order (detriment in employment)

      12. Article 71 of that Order (detriment in employment)

      13. Article 74 of that Order (detriment in relation to trade union membership and activities)

      14. Article 74 of that Order (detriment in relation to trade union membership and activities)

      15. Article 77A of that Order (inducements relating to union membership or activities)

      16. Article 77A of that Order (inducements relating to union membership or activities)

      17. Article 77B of that Order (inducements relating to collective bargaining)

      18. Article 77B of that Order (inducements relating to collective bargaining)

      19. Article 145 of that Order (unfair dismissal)

      20. Article 145 of that Order (unfair dismissal)

      21. Article 198 of that Order (redundancy payments)

      22. Article 198 of that Order (redundancy payments)

      23. Article 52 of the Race Relations (Northern Ireland) Order 1997 ( NI 6) (discrimination in...

      24. Article 52 of the Race Relations (Northern Ireland) Order 1997 ( NI 6) (discrimination in...

      25. Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to...

      26. Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to...

      27. The Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 ( SR 1994/308) (breach of...

      28. The Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 ( SR 1994/308) (breach of...

      29. Regulation 43 of the Working Time Regulations (Northern Ireland) 2016 (breach of regulations)

      30. Regulation 43 of the Working Time Regulations (Northern Ireland) 2016 (breach of regulations)

      31. Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 ( S.I. 1999/3323)...

      32. Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 ( S.I. 1999/3323)...

      33. Regulation 34 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (discrimination in the...

      34. Regulation 34 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (discrimination in the...

      35. Regulation 41 of the Employment Equality (Age) Regulations (Northern Ireland) 2006 (discrimination in the employment...

      36. Regulation 41 of the Employment Equality (Age) Regulations (Northern Ireland) 2006 (discrimination in the employment...

      37. ...

      38. ...

      39. Regulation 33 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (detriment: enforcement...

      40. Regulation 33 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (detriment: enforcement...

      41. Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers)...

      42. Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers)...

      43. Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment: enforcement and subsidiary provisions).

      44. Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment: enforcement and subsidiary provisions).

      45. Regulation 17 of the Cross-border Railways Services (Working Time) Regulations (Northern Ireland) 2008 (breach of...

      46. Regulation 17 of the Cross-border Railways Services (Working Time) Regulations (Northern Ireland) 2008 (breach of...

    5. Schedule 5—Amendments

    6. Schedule 6—Repeals

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