Chwilio Deddfwriaeth

Chwiliad Uwch

The Employment (Northern Ireland) Order 2003

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

SCHEDULES

Article 15

SCHEDULE 1STATUTORY DISPUTE RESOLUTION PROCEDURES

PART IDISMISSAL AND DISCIPLINARY PROCEDURES

CHAPTER ISTANDARD PROCEDURE

Step 1: statement of grounds for action and invitation to meeting

1.—(1) The employer must set out in writing the employee’s alleged conduct or characteristics, or other circumstances, which lead him to contemplate dismissing or taking disciplinary action against the employee.

(2) The employer must send the statement or a copy of it to the employee and invite the employee to attend a meeting to discuss the matter.

Step 2: meeting

2.—(1) The meeting must take place before action is taken, except in the case where the disciplinary action consists of suspension.

(2) The meeting must not take place unless—

(a)the employer has informed the employee what the basis was for including in the statement under paragraph 1(1) the ground or grounds given in it, and

(b)the employee has had a reasonable opportunity to consider his response to that information.

(3) The employee must take all reasonable steps to attend the meeting.

(4) After the meeting, the employer must inform the employee of his decision and notify him of the right to appeal against the decision if he is not satisfied with it.

Step 3: appeal

3.—(1) If the employee does wish to appeal, he must inform the employer.

(2) If the employee informs the employer of his wish to appeal, the employer must invite him to attend a further meeting.

(3) The employee must take all reasonable steps to attend the meeting.

(4) The appeal meeting need not take place before the dismissal or disciplinary action takes effect.

(5) After the appeal meeting, the employer must inform the employee of his final decision.

CHAPTER IIMODIFIED PROCEDURE

Step 1: statement of grounds for action

4.  The employer must—

(a)set out in writing—

(i)the employee’s alleged misconduct which has led to the dismissal,

(ii)what the basis was for thinking at the time of the dismissal that the employee was guilty of the alleged misconduct, and

(iii)the employee’s right to appeal against dismissal, and

(b)send the statement or a copy of it to the employee.

Step 2: appeal

5.—(1) If the employee does wish to appeal, he must inform the employer.

(2) If the employee informs the employer of his wish to appeal, the employer must invite him to attend a meeting.

(3) The employee must take all reasonable steps to attend the meeting.

(4) After the appeal meeting, the employer must inform the employee of his final decision.

PART IIGRIEVANCE PROCEDURES

CHAPTER ISTANDARD PROCEDURE

Step 1: statement of grievance

6.  The employee must set out the grievance in writing and send the statement or a copy of it to the employer.

Step 2: meeting

7.—(1) The employer must invite the employee to attend a meeting to discuss the grievance.

(2) The meeting must not take place unless—

(a)the employee has informed the employer what the basis for the grievance was when he made the statement under paragraph 6, and

(b)the employer has had a reasonable opportunity to consider his response to that information.

(3) The employee must take all reasonable steps to attend the meeting.

(4) After the meeting, the employer must inform the employee of his decision as to his response to the grievance and notify him of the right to appeal against the decision if he is not satisfied with it.

Step 3: appeal

8.—(1) If the employee does wish to appeal, he must inform the employer.

(2) If the employee informs the employer of his wish to appeal, the employer must invite him to attend a further meeting.

(3) The employee must take all reasonable steps to attend the meeting.

(4) After the appeal meeting, the employer must inform the employee of his final decision.

CHAPTER IIMODIFIED PROCEDURE

Step 1: statement of grievance

9.  The employee must—

(a)set out in writing—

(i)the grievance, and

(ii)the basis for it, and

(b)send the statement or a copy of it to the employer.

Step 2: response

10.  The employer must set out his response in writing and send the statement or a copy of it to the employee.

PART IIIGENERAL REQUIREMENTS

Introductory

11.  The following requirements apply to each of the procedures set out above (so far as applicable).

Timetable

12.  Each step and action under the procedure must be taken without unreasonable delay.

Meetings

13.—(1) Timing and location of meetings must be reasonable.

(2) Meetings must be conducted in a manner that enables both employer and employee to explain their cases.

(3) In the case of appeal meetings which are not the first meeting, the employer should, as far as is reasonably practicable, be represented by a more senior manager than attended the first meeting (unless the most senior manager attended that meeting).

PART IVSUPPLEMENTARY

Status of meetings

14.  A meeting held for the purposes of this Schedule is a hearing for the purposes of Article 15(4) and (5) of the Employment Relations (Northern Ireland) Order 1999 (NI 9) (definition of “disciplinary hearing” and “grievance hearing” in relation to the right to be accompanied under Article 12 of that Order).

Scope of grievance procedures

15.—(1) The procedures set out in Part II are only applicable to matters raised by an employee with his employer as a grievance.

(2) Accordingly, those procedures are only applicable to the kind of disclosure dealt with in Part VA of the Employment Rights Order (protected disclosures of information) if information is disclosed by an employee to his employer in circumstances where—

(a)the information relates to a matter which the employee could raise as a grievance with his employer, and

(b)it is the intention of the employee that the disclosure should constitute the raising of the matter with his employer as a grievance.

Article 17

SCHEDULE 2TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 17 APPLIES

Article 19

SCHEDULE 3TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 19 APPLIES

Article 27

SCHEDULE 4TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 27 APPLIES

Article 35

SCHEDULE 5CONSEQUENTIAL AMENDMENTS

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

1.—(1) In Articles 90(1) and 95(1) at the end insert “or for purposes connected with trade union learning representatives”.

(2) For Article 90(5) for the words “guidance on the matters referred to in paragraph (2)(a) or (b)” substitute

  • “guidance—

    (a)

    on the time off to be permitted to a trade union learning representative in accordance with Article 92A (time off for training and carrying out functions as a learning representative);

    (b)

    on the training that is sufficient to enable a trade union learning representative to carry on the activities mentioned in Article 92A(2) (activities for which time off is to be permitted), or

    (c)

    on any of the matters referred to in paragraph (2),”.

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

2.—(1) In Article 22(3) for “153, 155 or 162A” substitute “146, 153, 154 or 155”.

(2) In Article 23(1) for “or” at the end of sub-paragraph (b) substitute—

“(ba)an award under Article 146(5); or”.

(3) The Article 70D which was inserted by Article 15(3) of the Employment (Northern Ireland) Order 2002—

(a)shall be renumbered as Article 70E; and

(b)shall be taken to have been inserted after the Article 70D which was inserted by paragraph 2(2) of Schedule 1 to the Tax Credits Act 2002;

and, accordingly, in Article 71(1) for “70D” substitute “70E”.

(4) In Article 130(6) for “131” substitute “130A”.

(5) In Article 140(3) after sub-paragraph (fg) insert—

“(fh)Article 135C applies;”.

(6) In Article 146(4) and 151(3)(a) for “162A” substitute “161”.

(7) In Article 152(1)(b) omit “and 162A(1), (3) and (4)”.

(8) In Article 157(1) for “to 162 and 162A(1), (3) and (4)” substitute “and 161”.

(9) Article 162A shall cease to have effect.

(10) In Article 251(3)(a) after “63(7)” insert “, 92A(11)”.

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

3.  In Article 21, at the end of paragraph (a) insert “and”.

The Fair Employment and Treatment (Northern Ireland) Order 1998 (NI 21)

4.—(1) In Article 38 after paragraph (1) there shall be inserted—

“(1A) Paragraph (1) is subject to Article 20 of the Employment (Northern Ireland) Order 2003.”.

(2) In Article 46(1) after “paragraph (5)” insert “and to any regulations under Article 22 of the Employment (Northern Ireland) Order 2003”.

(3) In Article 81(1) at the end add “or any other statutory provision”.

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

5.  In Article 24(1) at the end add—

“(h)the Employment (Northern Ireland) Order 2003.”.

The Employment (Northern Ireland) Order 2002 (NI 2)

6.  In Schedule 1 for paragraph 1(2) substitute—

“(2) Sub-paragraph (1) does not apply to the imposition of such a penalty as is mentioned in Article 12(2)(a).”.

Article 35

SCHEDULE 6REPEALS

Short TitleExtent of repeal
Employment Rights Northern Ireland) Order 1996 (NI 16)

Article 35(3) and (4).

Article 152(4).

Article 162A.

Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)In Article 21, paragraph (c) and the word “and” immediately before it.
Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (NI 8)

Article 14.

In Schedule 1, paragraphs 8, 10 to 12 and 14.

Fair Employment and Treatment (Northern Ireland) Order 1998 (NI 21)Article 84(2) (f), (g), (i) and (j).
Employment Relations (Northern Ireland) Order 1999 (NI 9)Article 13(6).

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Dangos Nodiadau Eglurhaol ar gyfer Adrannau: Yn arddangos rhannau perthnasol o’r nodiadau esboniadol wedi eu cydblethu â chynnwys y ddeddfwriaeth.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Memorandwm Esboniadol

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill