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The Industrial Relations (Northern Ireland) Order 1987

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Change of basis of computation of period of continuous employment

23.—(1) The amendments set out in Schedule 2 shall have effect for the following purposes—

(a)amending statutory provisions which confer rights by reference to the length of an employee’s period of continuous employment so as to substitute for periods expressed in weeks or years of fifty-two weeks corresponding periods expressed in months or years of twelve months;

(b)modifying the computation of an employee’s period of continuous employment under Schedule 1 to the Act of 1965 so as to provide for computing the length of the period in months and years of twelve months;

(c)making minor and consequential amendments in connection with the purposes mentioned in sub-paragraphs (a) and (b).

(2) The amendments set out in Schedule 2 shall not apply—

(a)where the date by reference to which the length of an employee’s period of continuous employment falls to be ascertained (“the qualification date”) is before the coming into operation of this Article; or

(b)where the result would be to deprive a person of any right or entitlement which he would have had if the qualification date had fallen immediately before the coming into operation of this Article.

(4) Nothing in this Article shall affect—

(a)any order made before the coming into operation of this Article under section 21 of the Act of 1965, Article 26 of the No. 1 Order or Article 8 of the No. 2 Order (exclusion of certain provisions where equivalent protection afforded by collective agreement or wages order); or

(b)the operation of any agreement or wages order to which such an order relates or the operation of any statutory provision in relation to such an agreement or wages order.

(5) Subject to paragraph (2), the amendments set out in Schedule 2 shall, so far as they relate to the computation of the length of a period of continuous employment, apply to periods before the coming into operation of this Article as they apply to later periods.

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