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The Industrial Relations (Northern Ireland) Order 1993

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This is the original version (as it was originally made).

Statement to include note about disciplinary procedures

43B.—(1) A statement under Article 43 shall include a note—

(a)specifying any disciplinary rules applicable to the employee or referring the employee to the provisions of a 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,

and which specifies such rules;

(b)specifying, by description or otherwise—

(i)a person to whom the employee can apply if he is dissatisfied with any disciplinary decision relating to him; and

(ii)a person to whom the employee can apply for the purpose of seeking redress of any grievance relating to his employment,

and the manner in which any such application should be made;

(c)where there are further steps consequent on any such application, explaining those steps or referring to the provisions of a 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,

and which explains them; and

(d)stating whether a contracting-out certificate is in force for the employment.

(2) Paragraph (1)(a) to (c) shall not apply to rules, disciplinary decisions, grievances or procedures relating to health or safety at work.

(3) The note need not comply with the following provisions of paragraph (1)—

(a)sub-paragraph (a);

(b)in sub-paragraph (b), head (i) and the words following head (ii) so far as relating to head (i); and

(c)sub-paragraph (c),

if on the date when the employee’s employment began the relevant number of employees was less than twenty.

(4) In paragraph (3) “the relevant number of employees”, in relation to an employee, means the number of employees employed by his employer added to the number of employees employed by any associated employer.

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