The Employment Rights (Northern Ireland) Order 1996

Qualifying period of employmentN.I.

140.—(1) Article 126 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than[F1 one year] ending with the effective date of termination.

(2) If an employee is dismissed by reason of any such requirement or recommendation as is referred to in Article 96(2), paragraph (1) has effect in relation to that dismissal as if for the words[F1 one year] there were substituted the words “one month”.

(3) Paragraph (1) does not apply if—

Sub‐para. (a) rep. by 1999 NI 9

[F2(aa)paragraph (1) of Article 130B (read with paragraph (2) of that Article) applies,]

[F2(b)paragraph (1) of Article 131 (read with any regulations made under that Article) applies,]

(c)paragraph (1) of Article 132 (read with paragraphs (2) and (3) of that Article) applies,

[F3(cc)Article 132A applies,]

(d)Article 133 applies,

(e)Article 134 applies,

[F4(ee)Article 134A applies,]

(f)paragraph (1) of Article 135 (read with paragraphs (2) and (3) of that Article) applies,

[F5(ff)paragraph (1) of Article 135A (read with paragraph (2) of that Article) applies,]

[F6F7(fg)paragraph (1) of Article 135B (read with paragraph (2) of that Article) applies,]

[F8(fh)Article 135C applies;]

(g)Article 136 applies, or

(h)Article 137 appliesF9. . .

[F10(j)Article 144A appliesF11. . . ]

[F12(k)paragraph (3) or (6) of regulation 28 of the Transnational Information and Consultation of Employees Regulations 1999 (read with paragraphs (4) and (7) of that regulations) appliesF13. . . ]

[F11(l)paragraph (1) of regulation 7 of the Part‐time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000 applies.F14. . . ]

[F13(m)paragraph (1) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 applies.F15. . . ]

[F14(n)paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 applies.F16. . . ]

[F15(o)paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (read with paragraphs (4) and (7) of that regulation) applies.][F17F18. . .

(p)paragraph (3) or (6) of regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 applies][F19, or

(p)paragraph 5(3) or (5) of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (read with paragraph 5(6) of that Schedule) applies.][F20 or

(q)head (a) or (b) of paragraph 13(5) of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 applies.]

F1SR 1999/277

F3SR 1998/386

F7Art. 140(3)(fg) insertion continued (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 27, Sch. 1 para. 4(4); S.I. 2002/1727, art. 2

F9SI 1999/3323

F11SR 2000/219

F12SI 1999/2232

F13SR 2002/298

F14SR 2004/417

F15SR 2005/47

F17Art. 140(3)(p) and preceding word inserted (18.8.2006) by virtue of European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 2(2), 32(2)(b) (in their application in relation to Northern Ireland subject to the modifications in {Sch. 3 para. 11})