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The Industrial Relations (Northern Ireland) Order 1993

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Right to remuneration on suspension

28.—(1) An employee who is suspended on maternity grounds shall be entitled to be paid remuneration by her employer while she is so suspended.

(2) An employee shall not be entitled to remuneration under this Article in respect of any period during which her employer has offered to provide her with work which is suitable alternative work for the purposes of Article 27 and the employee has unreasonably refused to perform that work.

(3) The amount of remuneration payable by an employer to an employee under this Article shall be a week’s pay in respect of each week of the period of suspension; and if in any week remuneration is payable in respect only of part of that week the amount of a week’s pay shall be reduced proportionately.

(4) Subject to paragraph (5), a right to remuneration under this Article shall not affect any right of an employee in relation to remuneration under her contract of employment (in paragraph (5) referred to as “contractual remuneration”).

(5) Any contractual remuneration paid by an employer to an employee in respect of any period shall go towards discharging the employer’s liability under this Article in respect of that period; and, conversely, any payment of remuneration in discharge of an employer’s liability under this Article in respect of any period shall go towards discharging any obligation of the employer to pay contractual remuneration in respect of that period.

(6) An employee may present a complaint to an industrial tribunal that her employer has failed to pay the whole or any part of remuneration to which she is entitled under this Article.

(7) An industrial tribunal shall not entertain a complaint relating to remuneration under this Article in respect of any day unless the complaint is presented to the tribunal before the end of the period of three months beginning with that day, or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within the period of three months.

(8) Where an industrial tribunal finds a complaint under paragraph (6) well-founded the tribunal shall order the employer to pay the complainant the amount of remuneration which it finds is due to her.

(9) For the purposes of Part II of Schedule 2 to the No. 1 Order as it applies for the calculation of a week’s pay for the purposes of this Article, the calculation date is the day before the suspension referred to in Article 26(1) begins or, where that day falls within an employee’s maternity leave period or within the further period up to the day on which an employee exercises her right to return to work under Article 20, the day before the beginning of the maternity leave period.

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