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The Employment Rights (Northern Ireland) Order 1996

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The Employment Rights (Northern Ireland) Order 1996, Section 140 is up to date with all changes known to be in force on or before 22 March 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Qualifying period of employmentN.I.

140.—(1) Article 126 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than[F1 one year] ending with the effective date of termination.

(2) If an employee is dismissed by reason of any such requirement or recommendation as is referred to in Article 96(2), paragraph (1) has effect in relation to that dismissal as if for the words[F1 one year] there were substituted the words “one month”.

(3) Paragraph (1) does not apply if—

Sub‐para. (a) rep. by 1999 NI 9

[F2(aa)paragraph (1) of Article 130B (read with paragraph (2) of that Article) applies,]

[F2(b)paragraph (1) of Article 131 (read with any regulations made under that Article) applies,]

(c)paragraph (1) of Article 132 (read with paragraphs (2) and (3) of that Article) applies,

[F3(cc)Article 132A applies,]

(d)Article 133 applies,

(e)Article 134 applies,

[F4(ee)Article 134A applies,]

(f)paragraph (1) of Article 135 (read with paragraphs (2) and (3) of that Article) applies,

[F5(ff)paragraph (1) of Article 135A (read with paragraph (2) of that Article) applies,]

F6[F7(fg)paragraph (1) of Article 135B (read with paragraph (2) of that Article) applies,]

[F8(fh)Article 135C applies;]

[F9(fi)paragraph (1) of Article 135D (read with paragraph (2) of that Article) applies,]

[F10(fk)paragraph (1) of Article 135F (read with paragraph (2) of that Article) applies,]

(g)Article 136 applies, or

(h)Article 137 appliesF11. . .

[F12(j)Article 144A appliesF13. . . ]

[F14(k)paragraph (3) or (6) of regulation 28 of the Transnational Information and Consultation of Employees Regulations 1999 (read with paragraphs (4) and (7) of that regulations) appliesF15. . . ]

[F13(l)paragraph (1) of regulation 7 of the Part‐time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000 applies.F16. . . ]

[F15(m)paragraph (1) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 applies.F17. . . ]

[F16(n)paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 applies.F18. . . ]

F19[F17(o)paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (read with paragraphs (4) and (7) of that regulation) applies.]F20[F21. . .

(p)paragraph (3) or (6) of regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 applies][F22, or

(p)paragraph 5(3) or (5) of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (read with paragraph 5(6) of that Schedule) applies.][F23 or

(q)F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F25(q)regulation 46 or 47 of the Companies (Cross-Border Mergers) Regulations 2007 applies][F26, F27. . .

(r)paragraph (1)(a) or (b) of regulation 29 of the European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I.2009/2402) applies,][F28 or

(s)paragraph (1) of regulation 17 of the Agency Workers Regulations (Northern Ireland) 2011 applies.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1SR 1999/277

F3SR 1998/386

F6Art. 140(3)(fg) insertion continued (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 27, Sch. 1 para. 4(4); S.I. 2002/1727, art. 2

F11SI 1999/3323

F13SR 2000/219

F14SI 1999/2232

F15SR 2002/298

F16SR 2004/417

F17SR 2005/47

F19By Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 48(2)(a), Sch. 2 para. 8 it is provided (15.12.2007) that in art. 140(3)(o) omit the word "or"

F21Art. 140(3)(p) and preceding word inserted (18.8.2006) by virtue of European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 2(2), 32(2)(b) (in their application in relation to Northern Ireland subject to the modifications in {Sch. 3 para. 11})

F25Art. 140(3)(q) and preceding word inserted (15.12.2007) by virtue of Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 48(2)(b), Sch. 2 para. 8

F26Art. 140(3)(r) and preceding words inserted (1.10.2009) by European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402), reg. 30(3) (with reg. 39)

F28Art. 140(3)(s) and preceding word inserted (5.12.2011) by Agency Workers Regulations (Northern Ireland) 2011 (S.R. 2011/350), Sch. 2 para. 15

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