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The Industrial Relations (Northern Ireland) Order 1993

Status:

This is the original version (as it was originally made).

Article 43: supplementary

43A.—(1) If, in the case of a statement under Article 43, there are no particulars to be entered under any of the heads of sub-paragraph (d) or (k) of paragraph (3) of that Article, or under any of the other sub-paragraphs of paragraph (2) or (3) of that Article, that fact shall be stated.

(2) A statement under Article 43—

(a)may refer the employee to the provisions of some other document which—

(i)the employee has reasonable opportunities of reading in the course of his employment; or

(ii)is made reasonably accessible to him in some other way,

for particulars of any of the matters specified in Article 43(3)(d)(ii) and (iii); and

(b)may refer the employee to the law, or, subject to paragraph (3), to the provisions of any collective agreement which directly affects the terms and conditions of the employment, for particulars of either of the matters specified in Article 43(3)(e).

(3) A statement under Article 43 may refer the employee to the provisions of a collective agreement under paragraph (2)(b) if, and only if, it is an agreement which—

(a)the employee has reasonable opportunities of reading in the course of his employment; or

(b)is made reasonably accessible to him in some other way.

(4) The particulars required by Article 43(2) and the following provisions of Article 43(3)—

(a)sub-paragraphs (a) to (c);

(b)sub-paragraph (d)(i);

(c)sub-paragraph (f); and

(d)sub-paragraph (h),

shall be included in a single document (in Article 43C referred to as the “principal statement”).

(5) Where before the end of the period of two months after the beginning of his employment an employee is to begin to work outside the United Kingdom for a period of more than one month, the statement under Article 43 shall be given to him not later than the time when he leaves the United Kingdom in order to begin so to work.

(6) A statement shall be given to a person under Article 43 notwithstanding that his employment ends before the end of the period within which the statement is required to be given.

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