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The Employment Rights (Northern Ireland) Order 1996
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- Order applied (with modifications) by S.R. 2010/296 reg. 25(2)(b)
- Order applied (with modifications) by S.R. 2010/297 reg. 35(2)(b)
- Order modified by S.I. 2009/317 art. 3 Sch.
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(a)
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(b)
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(c)
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Pt. 7A inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 1
- art. 158(1 words substituted by S.R. 2012/81 art. 3 Sch.
- art. 70F inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 4
- art. 85ZA-85Z inserted by S.R. 2011/350 Sch. 2 Pt. 1 para. 10
- art. 100A-100D inserted by S.R. 2011/350 Sch. 2 Pt. 1 para. 11
- art. 101A inserted by S.R. 2011/350 Sch. 2 Pt. 1 para. 12
- art. 102A inserted by S.R. 2011/350 Sch. 2 Pt. 1 para. 13
- art. 135E inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 6
- art. 249A inserted by S.R. 2011/157 reg. 11(2)
Commencement Orders yet to be applied to the The Employment Rights (Northern Ireland) Order 1996:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Order into force:
- S.I. 2003/392 art. 2 commences (2002 c. 21)
- S.I. 2003/938 art. 2 Sch. commences (2002 c. 21)
- S.I. 2003/962 art. 2(3) (4) art. 2(3) (4) Sch. 1 2 commences (2002 c. 21)
- S.R. 2009/183 art. 3 commences (S.I. 1998/1759 (N.I.))
- S.R. 2010/295 arts. 2 3 commences (S.I. 2006/1947 (N.I.))
- S.R. 2011/13 art. 2 commences (2010 c. 16)
- S.R. 2012/142 art. 2 commences (2011 c. 24 (N.I.))
- S.R. 2012/266 art. 2 Sch. Pt. 1 2 commences (2008 c. 13 (N.I.))
Limits on method and timing of paymentsN.I.
52.—(1) Where the employer of a worker in retail employment receives from the worker a payment on account of a cash shortage or stock deficiency, the employer shall not be treated as receiving the payment in accordance with Article 47 unless (in addition to the requirements of that Article being satisfied with respect to the payment) he has previously—
(a)notified the worker in writing of the worker's total liability to him in respect of that shortage or deficiency, and
(b)required the worker to make the payment by means of a demand for payment made in accordance with the following provisions of this Article.
(2) A demand for payment made by the employer of a worker in retail employment in respect of a cash shortage or stock deficiency—
(a)shall be made in writing, and
(b)shall be made on one of the worker's pay days.
(3) A demand for payment in respect of a particular cash shortage or stock deficiency, or (in the case of a series of such demands) the first such demand, shall not be made—
(a)earlier than the first pay day of the worker following the date when he is notified of his total liability in respect of the shortage or deficiency in pursuance of paragraph (1)(a) or, where he is so notified on a pay day, earlier than that day, or
(b)later than the end of the period of twelve months beginning with the date when the employer established the existence of the shortage or deficiency or (if earlier) the date when he ought reasonably to have done so.
(4) For the purposes of this Part a demand for payment shall be treated as made by the employer on one of a worker's pay days if it is given to the worker or posted to, or left at, his last known address—
(a)on that pay day, or
(b)in the case of a pay day which is not a working day of the employer's business, on the first such working day following that pay day.
(5) Legal proceedings by the employer of a worker in retail employment for the recovery from the worker of an amount in respect of a cash shortage or stock deficiency shall not be instituted by the employer after the end of the period referred to in paragraph (3)(b) unless the employer has within that period made a demand for payment in respect of that amount in accordance with this Article.
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