Redundancy Payments (Health and Personal Social Services) (Modification) Order (Northern Ireland) 1994

Article 3

SCHEDULE 2 Modifications to certain redundancy payments provisions of the Act

1.  Section 11 of the Act(1) shall have effect as if—

(a) in subsection (1) for the words “has been continuously employed for the requisite period” there were substituted the words “has been employed in relevant health and personal social services service for the requisite period”; and

(b) after subsection (2) there were inserted the following subsection:—

“(3) In this section and Schedule 3—

(a) “relevant health and personal social services service” means—

(i) continuous employment by an employer referred to in Schedule 3A, or

(ii) where immediately before the relevant event a person has been successively employed by two or more employers referred to in Schedule 3A, such aggregate period of service with such employers as would be continuous employment if they were a single employer;

(b) “relevant event” means any event occurring on or after the coming into operation of the Redundancy Payments (Health and Personal Social Services) (Modification) Order (Northern Ireland) 1994 on the happening of which an employee may become entitled to a redundancy payment in accordance with this Act.”.

2.  Section 12 of the Act(2) shall have effect as if immediately after subsection (6) there were inserted—

“(7) Any reference in this section to re-engagement by the employer shall be construed as including a reference to re-engagement by any employer referred to in Schedule 3A and any reference in this section to an offer by the employer shall be construed as including a reference to an offer made by any such employer.”.

3.  Section 13 of the Act(3) shall have effect as if immediately after subsection (10) there were inserted the following subsection—

“(11) Any reference in this section to re-engagement by the employer shall be construed as including a reference to re-engagement by any employer referred to in Schedule 3A and any reference in this section to an offer by the employer shall be construed as including a reference to an offer made by any such employer.”.

4.  Schedule 3 to the Act(4) shall have effect as if for paragraph 1 there were substituted the following paragraph—

“1.   The amount of a redundancy payment to which an employee is entitled in any case to which the Redundancy Payments (Health and Personal Social Services) (Modification) Order (Northern Ireland) 1994 applies shall, subject to the following provisions of this Schedule, be calculated by reference to the period ending with the relevant date during which he has been employed in relevant health and personal social services service.”.

5.  The Act shall have effect as if after Schedule 3 there were inserted the following Schedule—

“SCHEDULE 3A Employers with which employment may constitute relevant Health and Personal Social Services service

Any employer described in Schedule 1 to the Redundancy Payments (Health and Personal Social Services) (Modification) Order (Northern Ireland) 1994 whether or not in existence at the time of the relevant event.”.

(1)

Section 11 was amended by Article 82(1) of and Part II of Schedule 5 to the Industrial Relations (Northern Ireland) Order 1976, S.I. 1976/1043 (N.I. 16)

(2)

Section 12 was amended by Article 82(1) of and Part II of Schedule 5 to the Industrial Relations (Northern Ireland) Order 1976, S.I. 1976/1043 (N.I. 16) and by Article 14(1) of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990, S.I. 1990/246 (N.I. 2)

(3)

Section 13 was substituted by Article 82(1) of and Part II of Schedule 5 to the Industrial Relations (Northern Ireland) Order 1976, S.I. 1976/1043 (N.I. 16)

(4)

Schedule 3 was amended by Article 82(1) and (3) of, and Part II of Schedule 5 and Schedule 7 to, the Industrial Relations (Northern Ireland) Order 1976, S.I. 1976/1043 (N.I. 16), Article 25(2) of and Schedule 4 to the Industrial Relations (Northern Ireland) Order 1987, S.I. 1987/936 (N.I. 9), Article 14(2) of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990, S.I. 1990/246 (N.I. 2), S.R. 1992 No. 75, and Article 108(3) of and Schedule 6 to the Industrial Relations (Northern Ireland) Order 1992, S.I. 1992/807 (N.I. 5)