The Industrial Relations (Northern Ireland) Order 1987

Meaning of “trade dispute”

20.—(1) Article 3 of the No. 1 Order (meaning of “trade dispute”) shall have effect subject to the following provisions of this Article.

(2) In the opening words of paragraph (1) (which define a “trade dispute” for the purposes of the No. 1 Order by reference to the parties to the dispute and its connection with certain matters)—

(a) after the word “Order” there shall be inserted the words “(except part II)”;

(b) for the words “between employers and workers” there shall be substituted “between workers and their employer”;

(c) the words “, or between workers and workers,” shall be omitted; and

(d) for the words “is connected with” there shall be substituted “relates wholly or mainly to”.

(3) In paragraph (2) (which extends the definition to certain disputes with a Minister of the Crown who does not employ the workers in question) for the words “employer and those workers” there shall be substituted “those workers and their employer”.

(4) In paragraph (3) (which extends the definition to disputes relating to matters occurring outside Northern Ireland) for the words “occurring outside Northern Ireland” there shall be substituted “occurring outside the United Kingdom, so long as the person or persons whose actions in the United Kingdom are said to be in contemplation or furtherance of a trade dispute relating to matters occurring outside the United Kingdom are likely to be affected in respect of one or more of the matters specified in paragraph (1) by the outcome of that dispute”.

(5) Paragraph (4) (which provides that a dispute with a trade union or employers' association is necessarily to be treated as a dispute to which workers or, as the case may be, employers are a party) shall cease to have effect.

(6) In paragraph (6) for the definition of “worker” there shall be substituted—

• ““worker”, in relation to a dispute with an employer, means—

  (a)

  a worker employed by that employer; or

  (b)

  a person who has ceased to be employed by that employer where—

  (i)

  his employment was terminated in connection with the dispute; or

  (ii)

  the termination of his employment was one of the circumstances giving rise to the dispute.”.

(7) The amendments made by this Article do not affect the question whether an act done by a person is done by him in contemplation or furtherance of a dispute, whether he is a party to the dispute or not.

(8) In part II of the No. 1 Order after Article 19 there shall be inserted an Article 19A in the same terms as Article 3(1) to (6) of that Order before the amendment of that Article by this Article but with the substitution in paragraph (1) for the words “In this Order” of the words “In this part”.