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This is the original version (as it was originally made).

Note about disciplinary procedures and pensions

35.—(1) A statement under Article 33 shall include a note—

(a)specifying any disciplinary rules applicable to the employee or referring the employee to the provisions of a document specifying such rules which is reasonably accessible to the employee,

(b)specifying (by description or otherwise)—

(i)a person to whom the employee can apply if 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, and

(c)where there are further steps consequent on any such application, explaining those steps or referring to the provisions of a document explaining them which is reasonably accessible to the employee.

(2) Paragraph (1) does 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.

(5) The note shall also state whether there is in force a contracting-out certificate (issued in accordance with Chapter I of Part III of the [1993 c. 49.] Pension Schemes (Northern Ireland) Act 1993) stating that the employment is contracted-out employment (for the purposes of that Part of that Act).

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