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The Employment Relations (Northern Ireland) Order 1999

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The Employment Relations (Northern Ireland) Order 1999, Cross Heading: Miscellaneous is up to date with all changes known to be in force on or before 18 October 2017. 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

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this 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.

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

MiscellaneousN.I.

Partnerships at workN.I.

29.—(1) The Department may spend money or provide money to other persons for the purpose of encouraging and helping employers (or their representatives) and employees (or their representatives) to improve the way they work together.

(2) Money may be provided in such way as the Department thinks fit (whether as grants or otherwise) and on such terms as it thinks fit (whether as to repayment or otherwise).

Employment agenciesN.I.

30.  Schedule 7 shall have effect.

Employment rights: employment outside Northern IrelandN.I.

31.—(1) For Article 239 of the Employment Rights Order substitute—

Employment outside Northern Ireland

239.(1) The provisions to which this paragraph applies do not apply to employment where under his contract of employment an employee ordinarily works outside Northern Ireland.

(2) Paragraph (1) applies to—

(a)Part II;

(b)Chapter II of Part VI;

(c)Articles 92 to 95;

(d)Articles 221 and 222..

(2) In Article 242 of that Order (mariners) after paragraph (6) insert—

(7) The provisions mentioned in paragraph (8) apply to employment on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 if and only if—

(a)the ship's entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;

(b)under his contract of employment the person employed does not work wholly outside Northern Ireland; and

(c)the person employed is ordinarily resident in Northern Ireland.

(8) The provisions are—

(a)Articles 40 to 42;

(b)Parts IV and V and Chapter I of Part VI;

(c)Part VII, apart from Articles 86 to 88;

(d)Parts VIII and IX;

(e)Articles 124 and 125; and

(f)Part XI. .

Unfair dismissal: special and additional awardsN.I.

32.—(1) Articles 151(4)(b), 152(2) and (3) and 159 of the Employment Rights Order (which require, or relate to, the making of special awards by industrial tribunals in unfair dismissal cases) shall cease to have effect.

(2) In Article 151(3)(b) of the Employment Rights Order (amount of additional award) for “the appropriate amount” there shall be substituted “an amount not less than twenty-six nor more than fifty-two weeks' pay”; and paragraphs (5) and (6) of Article 151 shall cease to have effect.

(3) In Article 15 of the [1998 NI 8.] Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 paragraph (1) shall cease to have effect.

Indexation of amounts, etc.N.I.

33.—(1) This Article applies to the sums specified in the following provisions—

(a)ArticleF1 40(6) of the Trade Union and Labour Relations Order (right to membership of trade union: remedies);

(b)Article 23(1) of the Employment Rights Order (maximum amount of a week's pay for purposes of certain calculations);

(c)Article 63(1) of that Order (guarantee payments: limits);

[F2(ca)Article 77E(3) of that Order (unlawful inducements: amount of award);]

(d)Article 154(1) of that Order (unfair dismissal: minimum amount of basic award);

(e)Article 158(1) of that Order (unfair dismissal: limit of compensatory award);

(f)Article 231(1)(a) and (b) of that Order (employee's rights on insolvency of employer: maximum amount payable).

(2) If the retail prices index for September of a year is higher or lower than the index for the previous September, the Department shall as soon as practicable make an order in relation to each sum mentioned in paragraph (1)—

(a)increasing each sum, if the new index is higher, or

(b)decreasing each sum, if the new index is lower,

by the same percentage as the amount of the increase or decrease of the index.

(3) In making the calculation required by paragraph (2) the Department shall—

(a)in the case of sums mentioned in paragraph (1)(a),[F2,(ca),] (d) and (e), round the result up to the nearest £100;

(b)in the case of sums mentioned in paragraph (1)(b) and (f), round the result up to the nearest £10; and

(c)in the case of the sums mentioned in paragraph (1)(c), round the result up to the nearest 10 pence.

(4) For the sum specified in Article 158(1) of the Employment Rights Order (unfair dismissal: limit of compensatory award) there shall be substituted the sum of £50,000 (subject to paragraph (2) above).

(5) In this Article “the retail prices index” means—

(a)the general index of retail prices (for all items) published by the Office for National Statistics, or

(b)where that index is not published for a month, any substituted index or figures published by that Office.

(6) An order under this Article shall be laid before the Assembly after being made.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1prosp. subst. by 2004 NI 19

F22004 NI 19

Modifications etc. (not altering text)

Guarantee paymentsN.I.

34.  For Article 63(7) of the Employment Rights Order (guarantee payments: limits) there shall be substituted—

(7) The Department may by order vary—

(a)the length of the period specified in paragraph (2);

(b)a limit specified in paragraph (3) or (4). .

Articles 32 to 34: consequentialN.I.

35.—(1) Articles 23(2) to (4), 154(2), 158(2) and 231(2) of the Employment Rights Order (which confer power to increase sums) shall cease to have effect.

(2) An increase effected, before Article 33 comes into operation, by virtue of a provision repealed by this Article shall continue to have effect notwithstanding this Article (but subject to Article 33(2) and (4)).

Compensatory awards, etc.: removal of limits in certain casesN.I.

36.—(1) After Article 158(1) of the Employment Rights Order (limit of compensatory award etc.) there shall be inserted—

(1A) Paragraph (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of Article 132, 134A, 137(3) or 137(5A). .

(2) Article 162B of that Order (power to specify method of calculation of compensation where dismissal a result of protected disclosure) shall cease to have effect.

Transfer of undertakingsN.I.

37.—(1) This Article applies where regulations under section 2(2) of the [1972 c. 68.] European Communities Act 1972 (general implementation of Treaties) make provision for the purpose of implementing, or for a purpose concerning, a Community obligation of the United Kingdom which relates to the treatment of employees on the transfer of an undertaking or business or part of an undertaking or business.

(2) The Department may by regulations make the same or similar provision in relation to the treatment of employees in circumstances other than those to which the Community obligation applies (including circumstances in which there is no transfer, or no transfer to which the Community obligation applies).

(3) Regulations under this Article shall be subject to negative resolution.

National securityN.I.

38.  Schedule 8 shall have effect.

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