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The Employment Relations (Northern Ireland) Order 1999

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Commencement Orders yet to be applied to the The Employment Relations (Northern Ireland) Order 1999

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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:

Other rights of individualsN.I.

Unfair dismissal of striking workersN.I.

18.  Schedule 5 shall have effect.

Art. 19 rep. by 2004 NI 19

Agreement to exclude dismissal rightsN.I.

20.  (1)  In Article 240 of the Employment Rights Order (fixed-term contracts) paragraph (1) (agreement to exclude unfair dismissal provisions) shall be omitted; and paragraphs (2) to (5) shall have effect in consequence.

(2) In Articles 68(4), 69(2), 70(2), 70A(2) and 70B(2) of that Order—

(a)the words from the beginning to “the dismissal,” shall be omitted, and

(b)for “that Part” there shall be substituted “Part XI”.

(3) In Article 68A(4) of that Order the words from “, unless” to the end shall be omitted.

(4) In Schedule 2 to the [1997 NI 20.] Shops (Sunday Trading &.) (Northern Ireland) Order 1997, paragraph 11(5) shall be omitted.

(5) In—

(a)section 23(4) of the [1998 c. 39.] National Minimum Wage Act 1998; and

Sub‐para. (b) rep. by 2002 c. 21

the words from “except” to the end shall be omitted.

Para.(6) rep. by 1999 NI 9

Part-time work: discriminationN.I.

21.  (1)  The Department shall make regulations for the purpose of securing that persons in part-time employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than persons in full-time employment.

(2) The regulations may—

(a)specify classes of person who are to be taken to be, or not to be, in part-time employment;

(b)specify classes of person who are to be taken to be, or not to be, in full-time employment;

(c)specify circumstances in which persons in part-time employment are to be taken to be, or not to be, treated less favourably than persons in full-time employment;

(d)make provision which has effect in relation to persons in part-time employment generally or provision which has effect only in relation to specified classes of persons in part-time employment.

(3) The regulations may—

(a)confer jurisdiction (including exclusive jurisdiction) on industrial tribunals;

(b)create criminal offences in relation to specified acts or omissions by an employer, by an organisation of employers, by an organisation of workers or by an organisation existing for the purposes of a profession or trade carried on by the organisation's members;

(c)in specified cases or circumstances, extend liability for a criminal offence created under sub-paragraph (b) to a person who aids the commission of the offence or to a person who is an agent, principal, employee, employer or officer of a person who commits the offence;

(d)provide for specified obligations or offences not to apply in specified circumstances;

(e)make provision about notices or information to be given, evidence to be produced and other procedures to be followed;

(f)amend, apply with or without modifications, or make provision similar to any provision of the Employment Rights Order (including, in particular, Parts VI, XI and XV) or the Trade Union and Labour Relations Order;

(g)provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified;

(h)include consequential provision, including provision amending a statutory provision.

(4) Without prejudice to the generality of this Article the regulations may make any provision which appears to the Department to be necessary or expedient—

(a)for the purpose of implementing Council Directive 97/81/EC on the framework agreement on part-time work in its application to terms and conditions of employment;

(b)for the purpose of dealing with any matter arising out of or related to the United Kingdom's obligations under that Directive;

(c)for the purpose of any matter dealt with by the framework agreement or for the purpose of applying the provisions of the framework agreement to any matter relating to part-time workers.

(5) Regulations under this Article which create an offence—

(a)shall provide for it to be triable summarily only, and

(b)may not provide for it to be punishable by imprisonment or by a fine in excess of level 5 on the standard scale.

Part-time work: code of practiceN.I.

22.  (1)  The Department may issue codes of practice containing guidance for the purpose of—

(a)eliminating discrimination in the field of employment against part-time workers;

(b)facilitating the development of opportunities for part-time work;

(c)facilitating the flexible organisation of working time taking into account the needs of workers and employers;

(d)any matter dealt with in the framework agreement on part-time work annexed to Council Directive 97/81/EC.

(2) The Department may revise a code and issue the whole or part of the revised code.

(3) A person's failure to observe a provision of a code does not make him liable to any proceedings.

(4) A code—

(a)is admissible in evidence in proceedings before an industrial tribunal, and

(b)shall be taken into account by an industrial tribunal in any case in which it appears to the tribunal to be relevant.

Code of practice: supplementalN.I.

23.  (1)  Before issuing or revising a code of practice under Article 22 the Department shall consult such persons as it considers appropriate.

(2) Before issuing a code the Department shall—

(a)publish a draft code,

(b)consider any representations made to it about the draft,

(c)if the Department thinks it appropriate, modify the draft in the light of any representations made to it.

(3) If, having followed the procedure under paragraph (2), the Department decides to issue a code, the Department shall lay a draft code before the Assembly.

(4) If the draft code is approved by resolution of the Assembly, the Department shall issue the code in the form of the draft.

(5) In this Article and Article 22(3) and (4)—

(a)a reference to a code includes a reference to a revised code,

(b)a reference to a draft code includes a reference to a draft revision, and

(c)a reference to issuing a code includes a reference to issuing part of a revised code.

Power to confer rights on individualsN.I.

24.  (1)  This Article applies to any right conferred on an individual against an employer (however defined) under any of the following—

(a)the Industrial Relations (Northern Ireland) Order 1992;

(b)the Trade Union and Labour Relations Order;

(c)the Employment Rights Order;

(d)[F1the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 or] the Shops (Sunday Trading &.) (Northern Ireland) Order 1997;

(e)this Order;

(f)any instrument made under section 2(2) of the [1972 c. 68.] European Communities Act 1972.

[F2(g)the Employment (Northern Ireland) Order 2002.]

[F3(h)the Employment (Northern Ireland) Order 2003.]

(2) The Department may by order make provision which has the effect of conferring any such right on individuals who are of a specified description.

(3) The reference in paragraph (2) to individuals includes a reference to individuals expressly excluded from exercising the right.

(4) An order under this Article may—

(a)provide that individuals are to be treated as parties to workers' contracts or contracts of employment;

(b)make provision as to who are to be regarded as the employers of individuals;

(c)make provision which has the effect of modifying the operation of any right as conferred on individuals by the order;

(d)include such consequential provisions as the Department thinks fit.

(5) An order under this Article may make provision in such way as the Department thinks fit,[F4 including, in particular, amending, excluding or applying (with or without amendment) any statutory provision.]

(6) Article 250(4) of the Employment Rights Order (which is superseded by this Article) shall be omitted.

(7) Any order made or having effect as if made under Article 250(4), so far as effective immediately before the coming into operation of this Article, shall have effect as if made under this Article.

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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.

F12004 NI 1

F22002 NI 2

F32003 NI 15

F42004 NI 19

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