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The Employment Rights (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Employment outside Northern Ireland

239.—(1) Articles 33 to 39 and Articles 118 to 123 do not apply in relation to employment during any period when the employee is engaged in work wholly or mainly outside Northern Ireland unless—

(a)the employee ordinarily works in Northern Ireland and the work outside Northern Ireland is for the same employer, or

(b)the law which governs his contract of employment is the law of Northern Ireland.

(2) The provisions to which this paragraph applies do not apply to employment where under the employee’s contract of employment he ordinarily works outside Northern Ireland.

(3) Paragraph (2) applies to—

(a)Part II

(b)in Part III, Articles 40 to 42,

(c)Parts IV, V and VI,

(d)Part VII, apart from Articles 86 to 88,

(e)Parts VIII and IX,

(f)in Part X, Articles 124 and 125,

(g)(subject to paragraph (4)) Part XI, and

(h)Part XIII.

(4) Part XI applies to employment where under her contract of employment the employee ordinarily works outside Northern Ireland if—

(a)Article 116 applies to her dismissal, or

(b)she is treated as dismissed by Article 128.

(5) For the purposes of paragraphs (2) and (4), a person employed to work on board a ship registered in the United Kingdom shall be regarded as a person who under his contract ordinarily works in Northern Ireland unless—

(a)the ship is registered at a port outside Northern Ireland,

(b)the employment is wholly outside Northern Ireland, or

(c)the person is not ordinarily resident in Northern Ireland.

(6) An employee—

(a)is not entitled to a redundancy payment if he is outside Northern Ireland on the relevant date unless under his contract of employment he ordinarily worked in Northern Ireland, and

(b)is not entitled to a redundancy payment if under his contract of employment he ordinarily works outside Northern Ireland unless on the relevant date he is in Northern Ireland in accordance with instructions given to him by his employer.

(7) Part XIV does not apply to employment where, under the employee’s contract of employment, he ordinarily works outside the territory of the member States of the European Communities and of Norway and Iceland.

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