The Employment Relations (Northern Ireland) Order 2004

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II UNION RECOGNITION

   1. 3. Amendment of Schedule 1A to the 1995 Order

   2. 4. Information required by the Agency for ballots and ascertaining union membership

4. PART III LAW RELATING TO INDUSTRIAL ACTION

   1. 5. Information about employees to be balloted on industrial action

   2. 6. Entitlement to vote in ballot on industrial action

   3. 7. Inducement of members not accorded entitlement to vote

   4. 8. Information about employees to be contained in notice of industrial action

   5. 9. Dismissal where employees taking protected industrial action locked out

   6. 10. Date of dismissal

   7. 11. Dismissal after end of protected period

5. PART IV RIGHTS OF TRADE UNION MEMBERS, WORKERS AND EMPLOYEES

   1. Detriments and inducements in respect of membership etc. of independent trade union

      1. 12. Extension of protection against detriment for union membership etc.

      2. 13. Detriment for use of union services or refusal of inducement

      3. 14. Inducements relating to union membership or activities

      4. 15. Dismissal for use of union services or refusal of inducement

   2. Other rights of workers and employees

      1. 16. Expulsion from trade union attributable to conduct

      2. 17. National security: powers of industrial tribunals

   3. Other rights of workers and employers

      1. 18. Role of companion at disciplinary or grievance hearings

      2. 19. Ways in which provision conferring rights on individuals may be made

      3. 20. Protection of employees in respect of jury service

      4. 21. Flexible working

6. PART V THE CERTIFICATION OFFICER

   1. 22. Striking out by Certification Officer of applications or complaints

   2. 23. Amalgamations: approval, listing and certification

   3. 24. Restriction on grounds of appeal from Certification Officer

7. PART VI MISCELLANEOUS

   1. 25. Enforcement officers for agricultural wages legislation

   2. 26. Additional case in which election for president of union not required

   3. 27. Body corporate acting as auditor of trade union or employers' association

   4. 28. Means of voting in ballots and elections

   5. 29. Provision of money for trade union modernisation

   6. 30. Amendments and repeals

8. Signature

9. SCHEDULES

   1. SCHEDULE 1

      AMENDMENTS TO SCHEDULE 1A TO THE 1995 ORDER

      1. Application for decision on whether proposed bargaining unit is appropriate

         1. 1. (1) In paragraph 11(2) of Schedule 1A to the 1995...

      2. Power of the Court to end period for agreement on bargaining unit

         1. 2. (1) Paragraph 18 of Schedule 1A to the 1995 Order...

      3. Duty of employer to supply information to union

         1. 3. After paragraph 18 of Schedule 1A to the 1995 Order...

      4. Determination of appropriate bargaining unit

         1. 4. For paragraph 19 of Schedule 1A to the 1995 Order...

      5. Union communications with workers after acceptance of application

         1. 5. (1) After paragraph 19B of Schedule 1A to the 1995...

      6. Circumstances in which the Court must arrange a ballot

         1. 6. (1) In paragraph 22(4) of Schedule 1A to the 1995...

      7. Power of the Court to extend notification period

         1. 7. In paragraph 24 of Schedule 1A to the 1995 Order...

      8. Postal votes for workers absent from ballot at workplace

         1. 8. (1) In paragraph 25 of Schedule 1A to the 1995...

      9. Additional duties on employers informed of ballots

         1. 9. (1) Paragraph 26 of Schedule 1A to the 1995 Order...

      10. Unfair practices in relation to recognition ballots

          1. 10. After paragraph 27 of Schedule 1A to the 1995 Order...

      11. Application where agreement does not cover pay, hours and holidays

          1. 11. In each of paragraphs 35(2)(b) and 44(2)(b) of Schedule 1A...

      12. Employer’s notice to end bargaining arrangements

          1. 12. (1) Paragraph 99 of Schedule 1A to the 1995 Order...

      13. Unfair practices in relation to derecognition ballots

          1. 13. (1) After paragraph 119 of Schedule 1A to the 1995...

      14. Appeals against demands for costs

          1. 14. In Part IX of Schedule 1A to the 1995 Order,...

      15. Power to amend Schedule 1A to the 1995 Order

          1. 15. (1) Paragraph 166 of Schedule 1A to the 1995 Order...

      16. Means of communicating with workers

          1. 16. After paragraph 166 of Schedule 1A to the 1995 Order...

      17. Unfair practices: power to make provision about periods before notice of ballot

          1. 17. After paragraph 166A of Schedule 1A to the 1995 Order...

      18. Power to make provision about effect of amalgamations etc.

          1. 18. After paragraph 169 of Schedule 1A to the 1995 Order...

      19. Information about union membership and employment in bargaining unit

          1. 19. After paragraph 170 of Schedule 1A to the 1995 Order...

      20. “Pay” and other matters subject to collective bargaining

          1. 20. After paragraph 171 of Schedule 1A to the 1995 Order...

      21. Minor and consequential amendments

          1. 21. (1) Schedule 1A to the 1995 Order is amended as...

   2. SCHEDULE 2

      AMENDMENTS

      1. The Industrial Relations (Northern Ireland) Order 1992 (NI 5)

         1. 1. In Article 92A (proceedings of the Court under Schedule 1A...

      2. The Trade Union and Labour Relations (Northern Ireland) Order 1995 (NI 12)

         1. 2. In Article 21(3) (time limit for applications under Article 22...

         2. 3. In Article 34(6) (remedies for infringement of right not to...

         3. 4. In Article 57 (rules as to a union’s political fund),...

         4. 5. In Article 84 (complaints as regards passing of resolution on...

         5. 6. In Article 110(5) (statement which must appear on voting paper...

         6. 7. In Article 116 (calling of industrial action with the support...

      3. The Employment Rights (Northern Ireland) Order 1996 (NI 16)

         1. 8. In Article 73 (action short of dismissal on grounds related...

         2. 9. In Article 75 (consideration of complaint), in paragraph (1), for...

         3. 10. In Article 77 (awards against third parties), in paragraph (1)(a),...

         4. 11. In Article 130(6) (provisions to which provision about determination of...

         5. 12. In Article 140(3) (exceptions to one year qualifying period of...

         6. 13. In Article 141(2) (exceptions to upper age limit for claims...

         7. 14. (1) Article 161 (matters to be disregarded in assessing contributory...

         8. 15. In Article 163(3) (application for interim relief), for “Article 136(1)(a)...

         9. 16. (1) Article 236 (Crown employment) is amended as follows.

         10. 17. In paragraph (2) of Article 237 (armed forces)—

         11. 18. (1) Article 239 (employment outside Northern Ireland) is amended as...

         12. 19. In Article 242 (mariners) in paragraph (2) after “the employee”...

         13. 20. In Article 243 (police) in paragraph (1) after Part “VA,”...

         14. 21. (1) Article 244 (national security, etc) is amended as follows....

         15. 22. In Article 248 and 249(1) (death of employee or employer)...

      4. The Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)

         1. 23. In Article 12(1) (action taken for purpose of safeguarding national...

      5. The Employment Relations (Northern Ireland) Order 1999 (NI 9)

         1. 24. (1) Article 33 (indexation of amounts) is amended as follows....

      6. The Employment (Northern Ireland) Order 2003 (NI 15)

         1. 25. In each of Schedules 2, 3 and 4 (tribunal jurisdictions...

   3. SCHEDULE 3

      REPEALS

10. Explanatory Note