29.—(1) The Department may spend money or provide money to other persons for the purpose of encouraging and helping employers (or their representatives) and employees (or their representatives) to improve the way they work together.
(2) Money may be provided in such way as the Department thinks fit (whether as grants or otherwise) and on such terms as it thinks fit (whether as to repayment or otherwise).
30. Schedule 7 shall have effect.
31.—(1) For Article 239 of the Employment Rights Order substitute—
239.—(1) The provisions to which this paragraph applies do not apply to employment where under his contract of employment an employee ordinarily works outside Northern Ireland.
(2) Paragraph (1) applies to—
(a)Part II;
(b)Chapter II of Part VI;
(c)Articles 92 to 95;
(d)Articles 221 and 222.”.
(2) In Article 242 of that Order (mariners) after paragraph (6) insert—
“(7) The provisions mentioned in paragraph (8) apply to employment on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 if and only if—
(a)the ship's entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;
(b)under his contract of employment the person employed does not work wholly outside Northern Ireland; and
(c)the person employed is ordinarily resident in Northern Ireland.
(8) The provisions are—
(a)Articles 40 to 42;
(b)Parts IV and V and Chapter I of Part VI;
(c)Part VII, apart from Articles 86 to 88;
(d)Parts VIII and IX;
(e)Articles 124 and 125; and
(f)Part XI.” .
32.—(1) Articles 151(4)(b), 152(2) and (3) and 159 of the Employment Rights Order (which require, or relate to, the making of special awards by industrial tribunals in unfair dismissal cases) shall cease to have effect.
(2) In Article 151(3)(b) of the Employment Rights Order (amount of additional award) for “the appropriate amount” there shall be substituted “an amount not less than twenty-six nor more than fifty-two weeks' pay”; and paragraphs (5) and (6) of Article 151 shall cease to have effect.
(3) In Article 15 of the [1998 NI 8.] Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 paragraph (1) shall cease to have effect.
33.—(1) This Article applies to the sums specified in the following provisions—
(a)Article 40(6) of the Trade Union and Labour Relations Order (right to membership of trade union: remedies);
(b)Article 23(1) of the Employment Rights Order (maximum amount of a week's pay for purposes of certain calculations);
(c)Article 63(1) of that Order (guarantee payments: limits);
[F1(ca)Article 77E(3) of that Order (unlawful inducements: amount of award);]
(d)Article 154(1) of that Order (unfair dismissal: minimum amount of basic award);
(e)Article 158(1) of that Order (unfair dismissal: limit of compensatory award);
(f)Article 231(1)(a) and (b) of that Order (employee's rights on insolvency of employer: maximum amount payable).
(2) If the retail prices index for September of a year is higher or lower than the index for the previous September, the Department shall F2... make an order in relation to each sum mentioned in paragraph (1)—
(a)increasing each sum, if the new index is higher, or
(b)decreasing each sum, if the new index is lower,
by the same percentage as the amount of the increase or decrease of the index [F3and the order shall come into operation on the following 6th April] .
(3) In making the calculation required by paragraph (2) the Department shall [F4round the result to the nearest whole pound, taking 50p as nearest to the next whole pound above] .
(4) For the sum specified in Article 158(1) of the Employment Rights Order (unfair dismissal: limit of compensatory award) there shall be substituted the sum of £50,000 (subject to paragraph (2) above).
(5) In this Article “the retail prices index” means—
(a)the general index of retail prices (for all items) published by the Office for National Statistics, or
(b)where that index is not published for a month, any substituted index or figures published by that Office.
(6) An order under [F5paragraph (2) ] shall be laid before the Assembly after being made.
[F6(7) The Department may at any time make an order increasing or decreasing any sum to which this Article applies if a draft of the order has been laid before, and approved by resolution of, the Assembly.
(8) An order under paragraph (7) may exclude the application of paragraph (2) in relation to any sum increased or decreased by the order for such period as may be specified in the order.]
F2Words in art. 33(2) repealed (30.3.2018) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 22(2)(a), 29(2), Sch. 3; S.R. 2018/79, art. 2
F3Words in art. 33(2) added (30.3.2018) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 22(2)(b), 29(2); S.R. 2018/79, art. 2(1)
F4Words in art. 33(3) substituted (30.3.2018) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 22(3), 29(2); S.R. 2018/79, art. 2(1)
F5Words in art. 33(6) substituted (30.3.2018) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 22(4), 29(2); S.R. 2018/79, art. 2(1)
F6Art. 33(7)(8) added (30.3.2018) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 22(5), 29(2); S.R. 2018/79, art. 2(1)
Modifications etc. (not altering text)
C1Art. 33 power to exclude conferred (1.10.2006) by Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 10)), arts. 1(3), 16(4) (with art. 16(3)); S.R. 2006/344, art. 3(d)
C2Art. 33 restricted (1.10.2009) by Work and Families (Increase of Maximum Amount) Order (Northern Ireland) 2009 (S.R. 2009/317), art. 3
34. For Article 63(7) of the Employment Rights Order (guarantee payments: limits) there shall be substituted—
“(7) The Department may by order vary—
(a)the length of the period specified in paragraph (2);
(b)a limit specified in paragraph (3) or (4).” .
35.—(1) Articles 23(2) to (4), 154(2), 158(2) and 231(2) of the Employment Rights Order (which confer power to increase sums) shall cease to have effect.
(2) An increase effected, before Article 33 comes into operation, by virtue of a provision repealed by this Article shall continue to have effect notwithstanding this Article (but subject to Article 33(2) and (4)).
36.—(1) After Article 158(1) of the Employment Rights Order (limit of compensatory award etc.) there shall be inserted—
“(1A) Paragraph (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of Article 132, 134A, 137(3) or 137(5A).” .
(2) Article 162B of that Order (power to specify method of calculation of compensation where dismissal a result of protected disclosure) shall cease to have effect.
37.—[F7(1) The Department may by regulations make TUPE-like provision in relation to the treatment of employees in circumstances other than those to which the main part of the TUPE regulations applies.
(2) In this Article—
(a)the “main part of the TUPE regulations” means so much of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) as relates to the treatment of employees on the transfer of an undertaking, business or part of an undertaking or business;
(b)“TUPE-like provision” means provision which is the same or similar to that made by the main part of the TUPE regulations.
(2A) The circumstances mentioned in paragraph (1) include circumstances in which there is no transfer, or no transfer to which the main part of the TUPE regulations applies.]
(3) Regulations under this Article shall be subject to negative resolution.
F7Art. 37(1)-(2A) substituted (31.12.2020) for art. 37(1)(2) by The Employment Rights (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/538), reg. 1(1), Sch. para. 1 (with Sch. para. 3); 2020 c. 1, Sch. 5 para. 1(1)
38. Schedule 8 shall have effect.