99.—(1) This paragraph applies if—N.I.
(a)the employer believes that he, taken with any associated employer or employers, employed an average of fewer than 21 workers in any period of 13 weeks, and
(b)that period ends on or after the relevant date.
(2) If the employer wishes the bargaining arrangements to cease to have effect, he must give the union (or each of the unions) a notice complying with sub-paragraph (3) and must give a copy of the notice to the Court.
(3) A notice complies with this sub-paragraph if it—
[F2(za)is not invalidated by paragraph 99A,]
(a)identifies the bargaining arrangements,
(b)specifies the period of 13 weeks in question,
(c)states the date on which the notice is given,
(d)is given within the period of 5 working days starting with the day after the last day of the specified period of 13 weeks,
(e)states that the employer, taken with any associated employer or employers, employed an average of fewer than 21 workers in the specified period of 13 weeks, and
(f)states that the bargaining arrangements are to cease to have effect on a date which is specified in the notice and which falls after the end of the period of 35 working days starting with the day after that on which the notice is given.
(4) To find the average number of workers employed by the employer, taken with any associated employer or employers, in the specified period of 13 weeks—
(a)take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);
(b)aggregate the 13 numbers;
(c)divide the aggregate by 13.
(5) For the purposes of sub-paragraph (1)(a) any worker employed by an associated company incorporated outside Northern Ireland must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Northern Ireland.
[F3(5A) Sub-paragraph (5B) applies to an agency worker whose contract within regulation 3(1)(b) of the Agency Workers Regulations (Northern Ireland) 2011 (contract with the temporary work agency) is not a contract of employment.
(5B) For the purposes of sub-paragraphs (1) and (4), the agency worker is to be treated as having a contract of employment with the temporary work agency for the duration of the assignment with the employer (and “"assignment”” has the same meaning as in those Regulations).]
(6) For the purposes of sub-paragraph (5) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Northern Ireland unless—
(a)the ship's entry in the register specifies a port outside Northern Ireland as the port to which the vessel is to be treated as belonging,
(b)the employment is wholly outside Northern Ireland, or
(c)the worker is not ordinarily resident in Northern Ireland.
(7) An order made under paragraph 7(6) may also—
(a)provide that sub-paragraphs (1) to (6) of this paragraph and paragraphs[F2 99A] to 103 are not to apply, or are not to apply in specified circumstances, or
(b)vary the number of workers for the time being specified in sub-paragraphs (1)(a) and (3)(e).
[F499A.—(1) A notice given for the purposes of paragraph 99(2)( “the notice in question”) is invalidated by this paragraph if—N.I.
(a)a relevant application was made, or an earlier notice under paragraph 99(2) was given, within the period of 3 years prior to the date when the notice in question was given,
(b)the relevant application, or that earlier notice, and the notice in question relate to the same bargaining unit, and
(c)the Court accepted the relevant application or (as the case may be) decided under paragraph 100 that the earlier notice under paragraph 99(2) complied with paragraph 99(3).
(2) A relevant application is an application made to the Court—
(a)by the employer under paragraph 106, 107 or 128, or
(b)by a worker (or workers) under paragraph 112.]
100.—(1) [F5If an employer gives notice for the purposes of paragraph 99(2),] Within the validation period the Court must decide whether the notice complies with paragraph 99(3).N.I.
(2) If the Court decides that the notice does not comply with paragraph 99(3)—
(a)the Court must give the parties notice of its decision, and
(b)the employer's notice shall be treated as not having been given.
(3) If the Court decides that the notice complies with paragraph 99(3) it must give the parties notice of the decision.
(4) The bargaining arrangements shall cease to have effect on the date specified under paragraph 99(3)(f) if—
(a)the Court gives notice under sub-paragraph (3), and
(b)the union does not (or unions do not) apply to the Court under paragraph 101.
(5) The validation period is—
(a)the period of 10 working days starting with the day after that on which the Court receives the copy of the notice, or
(b)such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.
101.—(1) This paragraph applies if—N.I.
(a)the Court gives notice under paragraph 100(3), and
(b)within the period of 10 working days starting with the day after that on which the notice is given, the union makes (or unions make) an application to the Court for a decision whether the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and whether the statement made under paragraph 99(3)(e) is correct.
(2) An application is not admissible unless—
(a)it is made in such form as the Court specifies, and
(b)it is supported by such documents as the Court specifies.
(3) An application is not admissible unless the union gives (or unions give) to the employer—
(a)notice of the application, and
(b)a copy of the application and any documents supporting it.
Sub-paras. (4) and (5) rep. by 2004 NI 19
102.—(1) The Court must give notice to the parties of receipt of an application under paragraph 101.N.I.
(2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraph 101.
(3) In deciding whether an application is admissible the Court must consider any evidence which it has been given by the employer or the union (or unions).
(4) If the Court decides that the application is not admissible—
(a)the Court must give notice of its decision to the parties,
(b)the Court must not accept the application,
(c)no further steps are to be taken under this Part, and
(d)the bargaining arrangements shall cease to have effect on the date specified under paragraph 99(3)(f).
(5) If the Court decides that the application is admissible it must—
(a)accept the application, and
(b)give notice of the acceptance to the parties.
(6) The acceptance period is—
(a)the period of 10 working days starting with the day after that on which the Court receives the application, or
(b)such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.
103.—(1) If the Court accepts an application it—N.I.
(a)must give the employer and the union (or unions) an opportunity to put their views on the questions whether the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and whether the statement made under paragraph 99(3)(e) is correct;
(b)must decide the questions within the decision period and must give reasons for the decision.
(2) If the Court decides that the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and that the statement made under paragraph 99(3)(e) is correct the bargaining arrangements shall cease to have effect on the termination date.
(3) If the Court decides that the period of 13 weeks specified under paragraph 99(3)(b) does not end on or after the relevant date or that the statement made under paragraph 99(3)(e) is not correct, the notice under paragraph 99 shall be treated as not having been given.
[F6(3A) Sub-paragraph (3) does not prevent the notice from being treated for the purposes of the provisions mentioned in sub-paragraph (3B) as having been given.
(3B) Those provisions are—
(a)paragraphs 109(1), 113(1) and 130(1);
(b)paragraph 99A(1) in its application to a later notice given for the purposes of paragraph 99(2).]
(4) The decision period is—
(a)the period of 10 working days starting with the day after that on which the Court gives notice of acceptance of the application, or
(b)such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.
(5) The termination date is the later of—
(a)the date specified under paragraph 99(3)(f), and
(b)the day after the last day of the decision period.