The Industrial Relations (Northern Ireland) Order 1992

Written statements of terms of employment

97.—(1) Section 4 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965(1) (particulars of terms of employment) shall be amended as follows.

(2) In subsection (1A)—

(a) for “subsections (1B) and (1C)” there shall be substituted “subsections (1C) and (1D)”;

(b) the words from “and any reference in” to the end shall cease to have effect.

(3) The following subsection shall be inserted after subsection (1C)—

“(1D) The note which, by virtue of subsection (1A), is required to be included in a statement given to an employee under subsection (1) need not comply with the following provisions of subsection (1A), namely—

(a) paragraph (a);

(b) in paragraph (b), sub-paragraph (i) and the words following sub-paragraph (ii) so far as relating to sub-paragraph (i); and

(c) paragraph (c),

if on the date when the employee’s employment began the relevant number of employees was less than twenty; and in this subsection “the relevant number of employees”, in relation to an employee, means the number of employees employed by his employer added to the number of employees employed by any associated employer.”.

(4) In subsection (6A) for “section 4(1)” where it twice occurs there shall be substituted “subsection (1)”.

(5) The following subsection shall be inserted after subsection (6B)—

“(6C) Any reference in subsection (4), (6) or (6A) to the terms of employment which were to be, or were, included or referred to in a statement given under subsection (1) shall be construed as including a reference to any other matters falling within subsections (1) and (1A) of which particulars were to be given by that statement.”.

(6) The following subsection shall be substituted for subsection (7)—

“(7) No statement need be given under subsection (1) where—

(a) the employee’s employment began not more than six months after the end of earlier employment with the same employer;

(b) a statement under that subsection, and any information subsequently required under subsection (4), was duly given to the employee in respect of his earlier employment; and

(c) the terms of his present employment are the same as those of his earlier employment and any other matters falling within subsection (1A) of which particulars were to be given by that statement are also unchanged,

but without prejudice to the operation of subsection (4) if there is subsequently a change in his terms of employment or in any of those matters.”.

(7) In subsection (8)(c) for “section 4(1A)” there shall be substituted “subsection (1A)”.

(8) The following subsection shall be inserted after subsection (8)—

“(8A) If on the date when the employee’s employment began the relevant number of employees was less than twenty, any reference in subsection (8)(c) to such a note as is there mentioned shall be construed as including a reference to such a note as is mentioned in subsection (1A) as it has effect with the omission of the provisions specified in subsection (1D)(a) to (c); and in this subsection “the relevant number of employees” has the meaning given by subsection (1D).”.

(1)

1965 c. 19 (N.I.)