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The Trade Union and Labour Relations (Northern Ireland) Order 1995
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Changes over time for: Section 40
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The Trade Union and Labour Relations (Northern Ireland) Order 1995, Section 40 is up to date with all changes known to be in force on or before 24 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 1A para. 157(4) added by 2016 c. 15 (N.I.) Sch. 2 para. 10
- art. 33(2A) inserted by 2016 c. 15 (N.I.) Sch. 2 para. 4
- art. 36(1A) inserted by 2016 c. 15 (N.I.) Sch. 2 para. 5
- art. 39(1) art. 39 renumbered as art. 39(1) by 2016 c. 15 (N.I.) Sch. 2 para. 6(2)
- art. 39(2) inserted by 2016 c. 15 (N.I.) Sch. 2 para. 6(3)
- art. 44C(2A) inserted by 2016 c. 15 (N.I.) Sch. 2 para. 7
- art. 61(2A) inserted by 2016 c. 15 (N.I.) Sch. 2 para. 8
- art. 147A and cross-heading inserted by 2016 c. 15 (N.I.) Sch. 2 para. 9
RemediesF3N.I.
40.—(1) Where the industrial tribunal finds a complaint under Article 38 is well-founded, it shall make a declaration to that effect.
(2) An individual whose complaint has been declared to be well-founded may make an application to an industrial tribunal for an award of compensation to be paid to him by the union.
(3) The application shall not be entertained if made—
(a)before the end of the period of four weeks beginning with the date of the declaration, or
(b)after the end of the period of six months beginning with that date.
(4) The amount of compensation awarded shall, subject to the following provisions, be such as the industrial tribunal considers just and equitable in all the circumstances.
(5) Where the industrial tribunal finds that the expulsion complained of was to any extent caused or contributed to by the action of the applicant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.
(6) The amount of compensation calculated in accordance with paragraphs (4) and (5) shall not exceed the aggregate of—
(a)an amount equal to 30 times the limit for the time being imposed by[F1 Article 23(1)(a) of the Employment Rights Order] (maximum amount of a week's pay for basic award in unfair dismissal cases), and
(b)an amount equal to the limit for the time being imposed by[F1 Article 158(1)] of that Order (maximum compensatory award in such cases);
and, in a case to which paragraph (7) applies, shall not be less than [F2£9,982].
(7) This paragraph applies to a case where when the application is made the applicant has not been re-admitted to the union.
F2Sum in art. 40(6) substituted (6.4.2019) by The Employment Rights (Increase of Limits) Order (Northern Ireland) 2019 (S.R. 2019/63), arts. 1, 3, Sch. (with art. 4); This amendment supersedes the amendment by The Employment Rights (Increase of Limits) (No. 2) Order (Northern Ireland) 2018 (S.R. 2018/80), art. 3, Sch. which came into operation on 6.4.2018 and was revoked on the same date by The Employment Rights (Increase of Limits) Order (Northern Ireland) 2019 (S.R. 2019/63), art. 2
F3functions transf. by SR 1999/481
Non-textual amendments applied to the whole Legislation can be found in the Introduction
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