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Explanatory Memorandum to Employment Relations (Northern Ireland) Order 2004

  • Explanatory Memorandum Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Explanatory Memorandum to Employment Relations (Northern Ireland) Order 2004. For other versions of these Explanatory Memorandum, see More Resources.

  1. Introduction

  2. Background and Policy Objectives

  3.  Consultation

  4. Commentary on Articles

    1. Part Ii: Union Recognition

      1. Amendment of Schedule 1A to the 1995 Order

      2. Information required by Labour Relations Agency (LRA) for ballots and ascertaining union membership

    2. Part Iii: Law Relating to Industrial Action

      1. Information about employees to be balloted on industrial action

      2. Entitlement to vote in ballot on industrial action

      3. Inducement of members not accorded entitlement to vote

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

      5. Protections for striking employees

      6. Date of dismissal

      7. Dismissal after end of protected period

    3. Part Iv: Rights of Trade Union Members, Workers and Employees

      1. Extension of protection against detriment for union membership

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

      3. Inducements relating to union membership or activities

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

      5. Expulsion from trade union attributable to conduct

      6. National security: powers of industrial tribunals

      7. Right to be accompanied

      8. Ways in which provisions conferring rights on individuals may be made

      9. Protection of employees in respect of jury service

      10. Flexible working

    4. Part V: the Certification Officer

      1. Striking out applications or complaints by Certification Officer (CO)

      2. Amalgamations: approval; listing and certification

      3. Restriction of grounds of appeal from Certification Officer

    5. Part Vi: Miscellaneous

      1. Enforcement officers for the agricultural wages legislation

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

      3. Body corporate acting as auditor of trade union or employees association

      4. Means of voting in ballots and elections

      5. Provision of money for trade union modernisation

      6. Amendments and repeals

    6. Schedule 1

      Amendment of Schedule 1a to the 1995 Order

      1. Determination of appropriate bargaining unit

      2. Union communications with workers after acceptance of application

      3. Circumstances in which the IC must arrange a ballot

      4. Power of the IC to extend notification period

      5.  Postal votes for workers absent from ballot at workplace

      6. Additional duties on employers informed of ballots

      7. Unfair practices in relation to recognition ballots

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

      9. Employer’s notice to end bargaining arrangements

      10. Unfair practice in relation to derecognition ballots

      11. Appeals against demands for costs

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

      13. Means of communicating with workers

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

      15. Power to make provision about effect of amalgamations

      16. Information about union membership and employment in bargaining unit

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

    7. Schedule 2 Amendments

  • Explanatory Memorandum Table of contents

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