SCHEDULE 1APPLICATION OF THE REGULATIONS TO NORTHERN IRELAND
I31
These Regulations shall apply to Northern Ireland, subject to the modifications in this Schedule.
I102
Sub-paragraph (1)(b) of regulation 3 and any other provision of these Regulations insofar as it relates to that sub-paragraph shall not apply to Northern Ireland.
I113
Any reference in these Regulations—
a
to an employment tribunal shall be construed as a reference to an Industrial Tribunal; and
b
to the Employment Appeal Tribunal shall be construed as a reference to the Court of Appeal.
I94
For the words from “Paragraph (1)” to “the 1992 Act” in regulation 7(6) there is substituted—
Paragraph (1) shall not apply in relation to a dismissal of an employee if the application of Article 126 of the Employment Rights (Northern Ireland) Order 199616 to the dismissal of the employee is excluded by or under any provision of that Order, the Industrial Tribunals (Northern Ireland) Order 199617 or the 1992 Act insofar as it extends to Northern Ireland, the Industrial Relations (Northern Ireland) Order 199218 or the Trade Union and Labour Relations (Northern Ireland) Order 199519
I75
For the words from “In this Regulation” to “Part XII of the 1996 Act” in regulation 8(4) there is substituted—
In this Regulation the “relevant statutory schemes” are—
- a
Chapter VI of Part XII of the Employment Rights (Northern Ireland) Order 1996 (“the 1996 Order”);
- b
Part XIV of the 1996 Order
I56
For paragraph (4) of regulation 9 there is substituted—
In article 92 of the 1996 Order (time off for carrying out trade union duties) in paragraph (1), for the full stop at the end of sub-subparagraph (c) there is inserted—
d
negotiations with a view to entering into an agreement under regulation 9 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 that applies to employees of the employer, or
e
the performance on behalf of employees of the employer of functions related to or connected with the making of an agreement under that regulation.
I67
For the words from “Paragraph (2)” to “the employee’s employment with the transferor” in regulation 17 there is substituted—
Paragraph (2) applies where—
a
by virtue of article 7(a), 7(aa) or 7(b) of the Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 197220 (“the 1972 Order”), the transferor is not required by that Order to effect any insurance; or
b
by virtue of article 7(c) of the 1972 Order, the transferor is exempted from the requirement of that Order to effect insurance.
2
Where this paragraph applies, on completion of a relevant transfer the transferor and the transferee shall be jointly and severally liable in respect of any liability referred to in article 5(1) of the 1972 Order, in so far as such liability relates to the employee’s employment with the transferor
F78
In regulation 2—
a
for “the 1992 Act” where it first occurs there is substituted “the Industrial Relations (Northern Ireland) Order 1992”;
b
for “Part XIII of the Insolvency Act 1986” there is substituted “Article 3 of the Insolvency (Northern Ireland) Order 1989”; and
c
for “section 178(3) of the 1992 Act” there is substituted “Article 39(2) of the Industrial Relations (Northern Ireland) Order 1992”.
I19
In regulation 5 for “sections 179 and 180 of the 1992 Act” there is substituted “Article 26 of the Industrial Relations (NI) Order 1992 No.807 (N.I. 5)”.
I810
1
In regulation 10 for “the Pensions Schemes Act 1993” there is substituted “the Social Security Pensions (Northern Ireland) Order 197522”.
F82
In regulation 11 for paragraph (2)(c) there is substituted—
c
information of any—
i
disciplinary procedure taken against an employee in circumstances where the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004 apply,
ii
grievance procedure taken by an employee where a Code of Practice issued under Part XI of the Industrial Relations (Northern Ireland) Order 1992 which relates exclusively or primarily to the resolution of disputes applies,
where such procedure was taken within the previous two years;
F33
In regulation 12—
a
for “F1Sections 18A to 18C of the 1996 Tribunals Act” there is substituted “Article 20 of the Industrial Tribunals (Northern Ireland) Order 1996”; and
b
for any reference to “Act” there is substituted “Order”.
4
In regulation 16—
a
for “F6sections 18A to 18C of the 1996 Tribunals Act” there is substituted “Article 20 of the Industrial Tribunals (NI) Order 1996 No.1921 (NI 18)”; and
b
for any reference to “those Acts” there is substituted a reference to “those Orders”.
F55
In regulation 18—
a
for the reference to “that Act” there is substituted “that Order”;
b
for the reference to “section” there is substituted “Article”.
6
In regulation 19—
a
for any reference to “subsection” there is substituted “paragraph”; and
b
for any reference to “paragraph” there is substituted “sub-paragraph”.
7
In paragraph (3)(b) of regulation 7 for any reference to “that Act” there is substituted “that Order”.
I211
For a reference to a provision of the 1996 Act in column one of Table 1 there is substituted the corresponding reference to the Employment Rights (Northern Ireland) Order 1996 in column two of Table 1—
Column 1 | Column 2 |
|---|---|
Provision of the Employment Rights Act 1996 | Equivalent Provision in the Employment Rights (Northern Ireland) Order 1996 |
Part X | Part XI |
Section 98(4) | Article 130(4) |
Section 98(1) | Article 130(1) |
Section 135 | F4Article 170 |
Section 98(2)(c) | Article 130(2)(c) |
Section 95(1)(c) | Article 127(1)(c) |
Section 1 | Article 33 |
Section 205(1) | F2Article 247(1) |
Sections 220-228 | Articles 16-24 |
Section 139 | Article 174 |
Section 155 | Article 190 |
Section 95(1) | Article 127(1) |
Section 95(2) | Article 127(2) |
Section 97 | Article 129 |
Section 203 | Article 245 |
Section 104 | Article 135 |
I412
Any expression used in this Schedule which is defined in the Interpretation Act (Northern Ireland) 195424 shall have the meaning assigned by that Act.