Search Legislation

Industrial Development Act (Northern Ireland) 2002

Status:

This is the original version (as it was originally enacted).

Transfer of certain staff of the Tourist Board

5.—(1) This paragraph applies to a person who—

(a)immediately before the appointed day is employed by the Tourist Board wholly or mainly for the purposes of the relevant functions; and

(b)is designated by order made by the Department for the purposes of this paragraph.

(2) A contract of employment between a person to whom this paragraph applies and the Tourist Board shall have effect from the appointed day as if originally entered into between that person and INI.

(3) Without prejudice to sub-paragraph (2)—

(a)all the rights, powers, duties and liabilities of the Tourist Board under or in connection with the contract of employment are by virtue of this paragraph transferred to INI on the appointed day; and

(b)anything done before that day by or in relation to the Tourist Board in respect of that contract or the employee is to be treated from that day as having been done by or in relation to INI.

(4) If a person informs the Tourist Board that he objects to the transfer of his contract of employment under this paragraph—

(a)sub-paragraphs (2) and (3) do not apply in relation to him; and

(b)his employment with the Tourist Board is terminated immediately before the appointed day.

(5) A person is not to be treated for the purposes of the Employment Rights (Northern Ireland) Order 1996 (NI 16) as having been dismissed by the Tourist Board by reason of—

(a)his transfer under this paragraph; or

(b)the termination of his contract of employment under sub-paragraph (4).

(6) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that in all the circumstances the change is a significant change and is to his detriment.

(7) An order under this paragraph may designate a person either individually or as a member of a class or description of employees.

(8) Before making any order under this paragraph the Department shall consult—

(a)the Tourist Board;

(b)in the case of an order designating a person individually, that person; and

(c)in the case of an order designating a class or description of employees, such persons as appear to the Department to be representative of the class or description of employees concerned.

(9) The Statutory Rules (Northern Ireland) Order 1979 (NI 12) shall not apply to an order under this paragraph.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources