The Industrial Relations (Northern Ireland) Order 1992

Collection of union dues by employer

65.—(1) Where any person who is a member of a trade union which has a political fund has certified in writing to his employer that, or to the effect that, he is not a contributor to the fund, the employer to whom the certificate was given shall ensure that no amount representing a contribution to the political fund of the union is deducted by him from emoluments payable to the member.

(2) Paragraph (1) does not apply—

(a) before the first day, following the giving of the certificate, on which it is reasonably practicable for the employer to comply with it; or

(b) after the certificate is withdrawn.

(3) Where an employer—

(a) refuses (otherwise than to the extent required by paragraph (1)) to deduct any union dues from emoluments payable to any person who has given a certificate to him under this Article; but

(b) continues to deduct union dues from emoluments payable to other members of the union,

he shall be taken to have failed to comply with this Article unless he satisfies the county court that his refusal is not attributable to the giving of that certificate or otherwise connected with the duty imposed by paragraph (1).

(4) Where, on an application made by a person who claims that his employer has failed to comply with this Article in deducting or refusing to deduct any amount from emoluments payable to him, the county court is satisfied that there has been such a failure it shall make a declaration to that effect.

(5) Where the county court makes such a declaration it may, if it considers it appropriate to do so in order to secure that the failure is not repeated, make an order requiring the employer to take, within such time as may be specified in the order, such steps in relation to emoluments payable by him to the applicant as may be so specified.

(6) This Article shall apply to a member of a trade union which has its head or main office outside Northern Ireland as if—

(a) for references in paragraph (1) to a political fund there were substituted references to a political fund within the meaning of the Trade Union Act 1913(1); and

(b) in paragraph (1) for the words “not a contributor” there were substituted the words “exempt from the obligation to contribute”.

(1)

1913 c. 30