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The Employment Rights (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY AND INTERPRETATION

    1. CHAPTER I CITATION AND COMMENCEMENT

      1. 1.Citation and commencement

    2. CHAPTER II INTERPRETATION – GENERAL

      1. 2.Interpretation – general

      2. 3.Employees, workers

      3. 4.Associated employers

      4. 5.Normal working hours

    3. CHAPTER III CONTINUOUS EMPLOYMENT

      1. 6.Introductory

      2. 7.Period of continuous employment

      3. 8.Weeks counting in computing period

      4. 9.Intervals in employment

      5. 10.Special provisions for redundancy payments

      6. 11.Employment abroad etc.

      7. 12.Industrial disputes

      8. 13.Reinstatement after military service

      9. 14.Change of employer

      10. 15.Reinstatement or re-engagement of dismissed employee

    4. CHAPTER IV A WEEK'S PAY

      1. Introductory

        1. 16.Introductory

      2. Employments with normal working hours

        1. 17.General

        2. 18.Remuneration varying according to time of work

        3. 19.Supplementary

      3. Employments with no normal working hours

        1. 20.Employments with no normal working hours

      4. The calculation date

        1. 21.Rights during employment

        2. 22.Rights on termination

      5. Maximum amount of week’s pay

        1. 23.Maximum amount

      6. Miscellaneous

        1. 24.New employments and other special cases

        2. 25.Supplementary

  3. PART II ACCESS TO EMPLOYMENT

    1. 26.Refusal of employment on grounds related to union membership

    2. 27.Refusal of service of employment agency on grounds related to union membership

    3. 28.Complaints to industrial tribunal

    4. 29.Determination of complaints

    5. 30.Complaint against employer and employment agency

    6. 31.Awards against third parties

    7. 32.Interpretation and other supplementary provisions

  4. PART III EMPLOYMENT PARTICULARS

    1. Right to statements of employment particulars

      1. 33.Statement of initial employment particulars

      2. 34.Statement of initial particulars: supplementary

      3. 35.Note about disciplinary procedures and pensions

      4. 36.Statement of changes

      5. 37.Exclusion from rights to statements

      6. 38.Reasonably accessible document or collective agreement

      7. 39.Power of Department to require particulars of further matters

    2. Right to itemised pay statement

      1. 40.Itemised pay statement

      2. 41.Standing statement of fixed deductions

      3. 42.Power to amend provisions about pay and standing statements

    3. Enforcement

      1. 43.References to industrial tribunals

      2. 44.Determination of references

  5. PART IV PROTECTION OF WAGES

    1. Deductions by employer

      1. 45.Right not to suffer unauthorised deductions

      2. 46.Excepted deductions

    2. Payments to employer

      1. 47.Right not to have to make payments to employer

      2. 48.Excepted payments

    3. Cash shortages and stock deficiencies in retail employment

      1. 49.Introductory

      2. 50.Limits on amount and time of deductions

      3. 51.Wages determined by reference to shortages etc.

      4. 52.Limits on method and timing of payments

      5. 53.Limit on amount of payments

      6. 54.Final instalments of wages

    4. Enforcement

      1. 55.Complaints to industrial tribunals

      2. 56.Determination of complaints

      3. 57.Determinations: supplementary

      4. 58.Complaints and other remedies

    5. Supplementary

      1. 59.Meaning of “wages” etc.

  6. PART V GUARANTEE PAYMENTS

    1. 60.Right to guarantee payment

    2. 61.Exclusions from right to guarantee payment

    3. 62.Calculation of guarantee payment

    4. 63.Limits on amount of and entitlement to guarantee payment

    5. 64.Contractual remuneration

    6. 65.Power to modify provisions about guarantee payments

    7. 66.Complaints to industrial tribunals

    8. 67.Exemption orders

  7. PART VI PROTECTION FROM SUFFERING DETRIMENT ETC. IN EMPLOYMENT

    1. CHAPTER I RIGHTS NOT TO SUFFER DETRIMENT

      1. 68.Health and safety cases

      2. 69.Trustees of occupational pension schemes

      3. 70.Employee representatives

      4. 71.Complaints to industrial tribunals

      5. 72.Remedies

    2. CHAPTER II ACTION SHORT OF DISMISSAL

      1. 73.Action short of dismissal on grounds related to union membership or activities

      2. 74.Complaints to industrial tribunal

      3. 75.Consideration of complaint

      4. 76.Remedies

      5. 77.Awards against third parties

  8. PART VII TIME OFF WORK

    1. Public duties

      1. 78.Right to time off for public duties

      2. 79.Complaints to industrial tribunals

    2. Looking for work and making arrangements for training

      1. 80.Right to time off to look for work or arrange training

      2. 81.Right to remuneration for time off under Article 80

      3. 82.Complaints to industrial tribunals

    3. Ante-natal care

      1. 83.Right to time off for ante-natal care

      2. 84.Right to remuneration for time off under Article 83

      3. 85.Complaints to industrial tribunals

    4. Occupational pension scheme trustees

      1. 86.Right to time off for pension scheme trustees

      2. 87.Right to payment for time off under Article 86

      3. 88.Complaints to industrial tribunals

    5. Employee representatives

      1. 89.Right to time off for employee representatives

      2. 90.Right to remuneration for time off under Article 89

      3. 91.Complaints to industrial tribunals

    6. Trade union duties and activities

      1. 92.Right to time off for carrying out trade union duties

      2. 93.Right to remuneration for time off under Article 92

      3. 94.Right to time off for trade union activities

      4. 95.Complaints to industrial tribunals

  9. PART VIII SUSPENSION FROM WORK

    1. Suspension on medical grounds

      1. 96.Right to remuneration on suspension on medical grounds

      2. 97.Exclusions from right to remuneration

    2. Suspension on maternity grounds

      1. 98.Meaning of suspension on maternity grounds

      2. 99.Right to offer of alternative work

      3. 100.Right to remuneration

    3. General

      1. 101.Calculation of remuneration

      2. 102.Complaints to industrial tribunals

  10. PART IX MATERNITY RIGHTS

    1. General right to maternity leave

      1. 103.General right to maternity leave

      2. 104.Commencement of maternity leave period

      3. 105.Duration of maternity leave period

      4. 106.Requirement to notify commencement of leave

      5. 107.Requirement to notify pregnancy etc.

      6. 108.Requirement to notify return during maternity leave period

      7. 109.Redundancy during maternity leave period

      8. 110.Contractual rights to maternity leave

    2. Right to return to work

      1. 111.Right to return to work

      2. 112.Requirement to notify return

      3. 113.Redundancy before return

      4. 114.Exercise of right to return

      5. 115.Notified day of return

      6. 116.Employee dismissed at or after end of maternity leave period

      7. 117.Contractual rights to return

  11. PART X TERMINATION OF EMPLOYMENT

    1. Minimum period of notice

      1. 118.Rights of employer and employee to minimum notice

      2. 119.Rights of employee in period of notice

      3. 120.Employments with normal working hours

      4. 121.Employments without normal working hours

      5. 122.Short-term incapacity benefit and industrial injury benefit

      6. 123.Supplementary

    2. Written statement of reasons for dismissal

      1. 124.Right to written statement of reasons for dismissal

      2. 125.Complaints to industrial tribunal

  12. PART XI UNFAIR DISMISSAL

    1. CHAPTER I RIGHT NOT TO BE UNFAIRLY DISMISSED

      1. The right

        1. 126.The right

      2. Dismissal

        1. 127.Circumstances in which an employee is dismissed

        2. 128.Failure to permit return after childbirth treated as dismissal

        3. 129.Effective date of termination

      3. Fairness

        1. 130.General

        2. 131.Pregnancy and childbirth

        3. 132.Health and safety cases

        4. 133.Trustees of occupational pension schemes

        5. 134.Employee representatives

        6. 135.Assertion of statutory right

        7. 136.Trade union membership or activities

        8. 137.Redundancy

        9. 138.Replacements

        10. 139.Pressure on employer to dismiss unfairly

      4. Exclusion of right

        1. 140.Qualifying period of employment

        2. 141.Upper age limit

        3. 142.Dismissal procedures agreements

        4. 143.Dismissal of those taking part in unofficial industrial action

        5. 144.Dismissals in connection with other industrial action

    2. CHAPTER II REMEDIES FOR UNFAIR DISMISSAL

      1. Introductory

        1. 145.Complaints to industrial tribunal

        2. 146.The remedies: orders and compensation

      2. Orders for reinstatement or re-engagement

        1. 147.The orders

        2. 148.Order for reinstatement

        3. 149.Order for re-engagement

        4. 150.Choice of order and its terms

        5. 151.Enforcement of order and compensation

      3. Compensation

        1. 152.General

        2. 153.Basic award

        3. 154.Basic award: minimum in certain cases

        4. 155.Basic award of two weeks' pay in certain cases

        5. 156.Basic award: reductions

        6. 157.Compensatory award

        7. 158.Limit of compensatory award etc.

        8. 159.Special award

        9. 160.Acts which are both unfair dismissal and discrimination

        10. 161.Matters to be disregarded in assessing contributory fault

        11. 162.Dismissal of woman at or after end of maternity leave period

      4. Interim relief

        1. 163.Interim relief pending determination of complaint

        2. 164.Procedure on hearing of application and making of order

        3. 165.Order for continuation of contract of employment

        4. 166.Application for variation or revocation of order

        5. 167.Consequence of failure to comply with order

    3. CHAPTER III SUPPLEMENTARY

      1. 168.Death of employer or employee

      2. 169.Awards against third parties

  13. PART XII REDUNDANCY PAYMENTS ETC.

    1. CHAPTER I RIGHT TO REDUNDANCY PAYMENT

      1. 170.The right

    2. CHAPTER II RIGHT ON DISMISSAL BY REASON OF REDUNDANCY

      1. Dismissal by reason of redundancy

        1. 171.Circumstances in which an employee is dismissed

        2. 172.Failure to permit return after childbirth treated as dismissal

        3. 173.No dismissal in cases of renewal of contract or re-engagement

        4. 174.Redundancy

      2. Exclusions

        1. 175.Summary dismissal

        2. 176.Renewal of contract or re-engagement

        3. 177.Employee anticipating expiry of employer’s notice

        4. 178.Strike during currency of employer’s notice

        5. 179.Provisions supplementary to Article 178

      3. Supplementary

        1. 180.The relevant date

        2. 181.Provisions supplementing Articles 173 and 176

    3. CHAPTER III RIGHT BY REASON OF LAY-OFF OR SHORT-TIME

      1. Lay-off and short-time

        1. 182.Meaning of “lay-off” and “short-time”

        2. 183.Eligibility by reason of lay-off or short-time

      2. Exclusions

        1. 184.Counter-notices

        2. 185.Resignation

        3. 186.Dismissal

        4. 187.Likelihood of full employment

      3. Supplementary

        1. 188.The relevant date

        2. 189.Provisions supplementing Articles 183 and 187

    4. CHAPTER IV GENERAL EXCLUSIONS FROM RIGHT

      1. 190.Qualifying period of employment

      2. 191.Upper age limit

      3. 192.Exemption orders

      4. 193.Pension rights

      5. 194.Public offices etc.

      6. 195.Overseas government employment

      7. 196.Domestic servants

    5. CHAPTER V OTHER PROVISIONS ABOUT REDUNDANCY PAYMENTS

      1. 197.Amount of a redundancy payment

      2. 198.References to industrial tribunals

      3. 199.Claims for redundancy payment

      4. 200.Written particulars of redundancy payment

    6. CHAPTER VI PAYMENTS BY DEPARTMENT

      1. 201.Applications for payments

      2. 202.Making of payments

      3. 203.Amount of payments

      4. 204.Information relating to applications for payments

      5. 205.References to industrial tribunals

    7. CHAPTER VII SUPPLEMENTARY

      1. Application of Part to particular cases

        1. 206.Employment not under contract of employment

        2. 207.Termination of employment by statute

        3. 208.Employees paid by person other than employer

      2. Death of employer or employee

        1. 209.Death of employer: dismissal

        2. 210.Death of employer: lay-off and short-time

        3. 211.Death of employee

      3. Equivalent payments

        1. 212.References to industrial tribunals

      4. Other supplementary provisions

        1. 213.Old statutory compensation schemes

        2. 214.Notices

        3. 215.Interpretation

  14. PART XIII PROCEDURE FOR HANDLING REDUNDANCIES

    1. Duty of employer to consult representatives of employees

      1. 216.Duty of employer to consult representatives of employees

      2. 217.Complaint and protective award

      3. 218.Entitlement under protective award

      4. 219.Termination of employment during protected period

      5. 220.Complaint by employee to industrial tribunal

    2. Duty of employer to notify Department

      1. 221.Duty of employer to notify Department of certain redundancies

      2. 222.Offence of failure to notify

    3. Supplementary provisions

      1. 223.Construction of references to dismissal as redundant etc.

      2. 224.Construction of references to representatives

      3. 225.Power to vary provisions

      4. 226.Power to adapt provisions in case of collective agreement

  15. PART XIV INSOLVENCY OF EMPLOYERS

    1. 227.Employee’s rights on insolvency of employer

    2. 228.Insolvency

    3. 229.Debts to which Part applies

    4. 230.The appropriate date

    5. 231.Limit on amount payable under Article 227

    6. 232.Role of relevant officer

    7. 233.Complaints to industrial tribunals

    8. 234.Transfer to Department of rights and remedies

    9. 235.Power to obtain information

  16. PART XV MISCELLANEOUS

    1. CHAPTER I PARTICULAR TYPES OF EMPLOYMENT

      1. Crown employment etc.

        1. 236.Crown employment

        2. 237.Armed forces

        3. 238.National security

      2. Excluded classes of employment

        1. 239.Employment outside Northern Ireland

        2. 240.Fixed-term contracts

        3. 241.Short-term employment

        4. 242.Mariners

        5. 243.Police officers

    2. CHAPTER II OTHER MISCELLANEOUS MATTERS

      1. Restrictions on disclosure of information

        1. 244.National security etc.

      2. Contracting out etc. and remedies

        1. 245.Restrictions on contracting out

        2. 246.Law governing employment

        3. 247.Remedy for infringement of certain rights

      3. General provisions about death of employer or employee

        1. 248.Institution or continuance of tribunal proceedings

        2. 249.Rights and liabilities accruing after death

      4. Modifications of Order

        1. 250.Powers to amend Order

  17. PART XVI GENERAL AND SUPPLEMENTARY

    1. General

      1. 251.Orders and regulations

      2. 252.Financial provisions

    2. Reciprocal arrangements

      1. 253.Reciprocal arrangements with Great Britain

      2. 254.Reciprocal arrangements with Isle of Man

    3. Final provisions

      1. 255.Consequential amendments

      2. 256.Transitionals, savings and transitory provisions

      3. 257.Repeals and revocations

  18. Signature

  19. SCHEDULES:

    1. Schedule 1

      Consequential amendments.

    2. Schedule 2

      Transitional provisions, savings and transitory provisions.

      1. Part I Transitional provisions and savings.

      2. Part II Transitory provisions.

    3. Schedule 3

      Repeals.

  20. Explanatory Note

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