Search Legislation

The Employment Rights (Northern Ireland) Order 1996

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

Changes to legislation:

The Employment Rights (Northern Ireland) Order 1996, PART X is up to date with all changes known to be in force on or before 18 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

PART XF19N.I.TERMINATION OF EMPLOYMENT

F19functions transfered SR 1999/481

Non-textual amendments applied to the whole Legislation can be found in the Introduction

Minimum period of noticeF19N.I.

Rights of employer and employee to minimum noticeN.I.

118.—(1) The notice required to be given by an employer to terminate the contract of employment of a person who has been continuously employed for one month or more—

(a)is not less than one week's notice if his period of continuous employment is less than two years,

(b)is not less than one week's notice for each year of continuous employment if his period of continuous employment is two years or more but less than twelve years, and

(c)is not less than twelve weeks' notice if his period of continuous employment is twelve years or more.

(2) The notice required to be given by an employee who has been continuously employed for one month or more to terminate his contract of employment is not less than one week.

(3) Any provision for shorter notice in any contract of employment with a person who has been continuously employed for one month or more has effect subject to paragraphs (1) and (2); but this Article does not prevent either party from waiving his right to notice on any occasion or from accepting a payment in lieu of notice.

(4) Any contract of employment of a person who has been continuously employed for three months or more which is a contract for a term certain of one month or less shall have effect as if it were for an indefinite period; and, accordingly, paragraphs (1) and (2) apply to the contract.

Para. (5) rep. by SR 2002/298

(6) This Article does not affect any right of either party to a contract of employment to treat the contract as terminable without notice by reason of the conduct of the other party.

Rights of employee in period of noticeN.I.

119.—(1) If an employer gives notice to terminate the contract of employment of a person who has been continuously employed for one month or more, the provisions of Articles 120 to 123 have effect as respects the liability of the employer for the period of notice required by Article 118(1).

(2) If an employee who has been continuously employed for one month or more gives notice to terminate his contract of employment, the provisions of Articles 120 to 123 have effect as respects the liability of the employer for the period of notice required by Article 118(2).

(3) In Articles 120 to 123 “period of notice” means—

(a)where notice is given by an employer, the period of notice required by Article 118(1), and

(b)where notice is given by an employee, the period of notice required by Article 118(2).

(4) This Article does not apply in relation to a notice given by the employer or the employee if the notice to be given by the employer to terminate the contract must be at least one week more than the notice required by Article 118(1).

Employments with normal working hoursN.I.

120.—(1) If an employee has normal working hours under the contract of employment in force during the period of notice and during any part of those normal working hours—

(a)the employee is ready and willing to work but no work is provided for him by his employer,

(b)the employee is incapable of work because of sickness or injury,

(c)the employee is absent from work wholly or partly because of pregnancy or childbirth[F1 or on[F2 adoption leave, [F3shared parental leave,] parental leave or [F4paternity leave]]] , or

(d)the employee is absent from work in accordance with the terms of his employment relating to holidays,

the employer is liable to pay the employee for the part of normal 8 working hours covered by any of sub-paragraphs (a), (b), (c) and (d) a sum not less than the amount of remuneration for that part of normal working hours calculated at the average hourly rate of remuneration produced by dividing a week's pay by the number of normal working hours.

(2) Any payments made to the employee by his employer in respect of the relevant part of the period of notice (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay,[F2 paternity pay, [F5statutory paternity pay] , adoption pay, statutory adoption pay,] [F6shared parental pay, statutory shared parental pay,] holiday pay or otherwise) go towards meeting the employer's liability under this Article.

(3) Where notice was given by the employee, the employer's liability under this Article does not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

Employments without normal working hoursN.I.

121.—(1) If an employee does not have normal working hours under the contract of employment in force in the period of notice, the employer is liable to pay the employee for each week of the period of notice a sum not less than a week's pay.

(2) The employer's liability under this Article is conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week's pay.

(3) Paragraph (2) does not apply—

(a)in respect of any period during which the employee is incapable of work because of sickness or injury,

(b)in respect of any period during which the employee is absent from work wholly or partly because of pregnancy or childbirth[F7 or on[F8 adoption leave, [F9shared parental leave,] parental leave or [F10paternity leave]]] , or

(c)in respect of any period during which the employee is absent from work in accordance with the terms of his employment relating to holidays.

(4) Any payment made to an employee by his employer in respect of a period within paragraph (3) (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay,[F8 paternity pay, [F11statutory paternity pay] , adoption pay, statutory adoption pay,] [F12shared parental pay, statutory shared parental pay,] holiday pay or otherwise) shall be taken into account for the purposes of this Article as if it were remuneration paid by the employer in respect of that period.

(5) Where notice was given by the employee, the employer's liability under this Article does not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

Short-term incapacity benefit [F13, contributory employment and support allowance] and industrial injury benefitN.I.

122.—(1) This Article has effect where the arrangements in force relating to the employment are such that—

(a)payments by way of sick pay are made by the employer to employees to whom the arrangements apply, in cases where any such employees are incapable of work because of sickness or injury, and

(b)in calculating any payment so made to any such employee an amount representing, or treated as representing, short-term incapacity benefit [F14, contributory employment and support allowance] or industrial injury benefit is taken into account, whether by way of deduction or by way of calculating the payment as a supplement to that amount.

(2) If—

(a)during any part of the period of notice the employee is incapable of work because of sickness or injury,

(b)one or more payments by way of sick pay are made to him by the employer in respect of that part of the period of notice, and

(c)in calculating any such payment such an amount as is referred to in sub-paragraph (b) of paragraph (1) is taken into account as mentioned in that sub-paragraph,

for the purposes of Article 120 or 121 the amount so taken into account shall be treated as having been paid by the employer to the employee by way of sick pay in respect of that part of that period, and shall go towards meeting the liability of the employer under that Article accordingly.

SupplementaryN.I.

123.—(1) An employer is not liable under Article 120 or 121 to make any payment in respect of a period during which an employee is absent from work with the leave of the employer granted at the request of the employee, including any period of time off taken in accordance with Part VII.

(2) No payment is due under Article 120 or 121 in consequence of a notice to terminate a contract given by an employee if, after the notice is given and on or before the termination of the contract, the employee takes part in a strike of employees of the employer.

(3) If, during the period of notice, the employer breaks the contract of employment, payments received under Article 120 or 121 in respect of the part of the period after the breach go towards mitigating the damages recoverable by the employee for loss of earnings in that part of the period of notice.

(4) If, during the period of notice, the employee breaks the contract and the employer rightfully treats the breach as terminating the contract, no payment is due to the employee under Article 120 or 121 in respect of the part of the period falling after the termination of the contract.

(5) If an employer fails to give the notice required by Article 118, the rights conferred by Articles 119 to 122 and this Article shall be taken into account in assessing his liability for breach of the contract.

(6) Articles 118 to 122 and this Article apply in relation to a contract all or any of the terms of which are terms which take effect by virtue of any statutory provision as in relation to any other contract.

Written statement of reasons for dismissalF19N.I.

Right to written statement of reasons for dismissalN.I.

124.—(1) An employee is entitled to be provided by his employer with a written statement giving particulars of the reasons for the employee's dismissal—

(a)if the employee is given by the employer notice of termination of his contract of employment,

(b)if the employee's contract of employment is terminated by the employer without notice, or

[F15(c)if the employee is employed under a limited-term contract and the contract terminates by virtue of the limiting event without being renewed.]

(2) Subject to[F16 paragraphs (4) and (4A)], an employee is entitled to a written statement under this Article only if he makes a request for one; and a statement shall be provided within fourteen days of such a request.

(3) Subject to[F16 paragraphs (4) and (4A)], an employee is not entitled to a written statement under this Article unless on the effective date of termination he has been, or will have been, continuously employed for a period of not less than[F17 one year] ending with that date.

(4) An employee is entitled to a written statement under this Article without having to request it and irrespective of whether she has been continuously employed for any period if she is dismissed—

(a)at any time while she is pregnant, or

(b)after childbirth in circumstances in which her[F18 ordinary or additional maternity leave period] ends by reason of the dismissal.

[F16(4A) An employee who is dismissed while absent from work during an ordinary or additional adoption leave period is entitled to a written statement under this Article without having to request it and irrespective of whether he has been continuously employed for any period if he is dismissed in circumstances in which that period ends by reason of the dismissal.]

(5) A written statement under this Article is admissible in evidence in any proceedings.

(6) Subject to paragraph (7), in this Article “the effective date of termination”

(a)in relation to an employee whose contract of employment is terminated by notice, means the date on which the notice expires,

(b)in relation to an employee whose contract of employment is terminated without notice, means the date on which the termination takes effect, and

[F15(c)in relation to an employee who is employed under a limited-term contract which terminates by virtue of the limiting event without being renewed under the same contract, means the date on which the termination takes effect.]

(7) Where—

(a)the contract of employment is terminated by the employer, and

(b)the notice required by Article 118 to be given by an employer would, if duly given on the material date, expire on a date later than the effective date of termination (as defined by paragraph (6)),

the later date is the effective date of termination.

(8) In paragraph (7)(b) “the material date” means—

(a)the date when notice of termination was given by the employer, or

(b)where no notice was given, the date when the contract of employment was terminated by the employer.

F15SR 2002/298

F17SR 1999/277

Complaints to industrial tribunalN.I.

125.—(1) A complaint may be presented to an industrial tribunal by an employee on the ground that—

(a)the employer unreasonably failed to provide a written statement under Article 124, or

(b)the particulars of reasons given in purported compliance with that Article are inadequate or untrue.

(2) Where an industrial tribunal finds a complaint under this Article well-founded, the tribunal—

(a)may make a declaration as to what it finds the employer's reasons were for dismissing the employee, and

(b)shall make an award that the employer pay to the employee a sum equal to the amount of two weeks' pay.

(3) An industrial tribunal shall not consider a complaint under this Article relating to the reasons for a dismissal unless it is presented to the tribunal at such a time that the tribunal would, in accordance with Article 145, consider a complaint of unfair dismissal in respect of that dismissal presented at the same time.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order as a PDF

The Whole Order you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Order without Schedules

The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order without Schedules as a PDF

The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Order without Schedules

The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.