The Employment Act (Northern Ireland) 2011 (Commencement No. 1, Transitional Provisions and Savings) Order (Northern Ireland) 2011

PART 1 Transitional Provisions and Savings

1.  The following amendments and repeals made by the Act shall have effect subject to the provisions of paragraph 2—

(a) in the 2003 Order—

(i) the repeal of Articles 16, 19, 20, 21 and 22;

(ii) the repeal of Part 2 and paragraph 15 of Schedule 1;

(iii) the repeal of Schedule 3;

(iv) the amendment of Articles 15(1) and 34(3), and paragraphs 11 and 14 of Schedule 1;

(b) in the Industrial Relations (Northern Ireland) Order 1992(1)—

(i) the insertion of Article 90AA;

(ii) the amendment of Article 107(2);

(iii) the insertion of Schedule 4A.

2.—(1) The amendments and repeals referred to in paragraph 1 shall not have effect where the standard grievance procedure or the modified grievance procedure applies by virtue of regulation 6 of the Regulations, and the action about which the employee complains (by complying with paragraph 6 or 9 of Schedule 1 to the 2003 Order, or presenting a complaint to a tribunal) occurs wholly before 3rd April 2011.

(2) The amendments and repeals referred to in paragraph 1 shall not have effect where the standard grievance procedure or the modified grievance procedure applies by virtue of regulation 6 of the Regulations and—

(a) the action which forms the basis of a grievance begins on or before 2nd April 2011 and continues beyond that date; and

(b) the employee presents a complaint to a tribunal or complies with paragraph 6 or 9 of Schedule 1 to the 2003 Order in relation to the grievance—

(i) on or before 2nd July 2011 under a jurisdiction listed in Part 2 of this Schedule and Article 144 of the 1996 Order(2) does not apply;

(ii) on or before 2nd October 2011 under a jurisdiction listed in Part 2 of this Schedule and Article 144 of the 1996 Order applies;

(iii) on or before 2nd October 2011 under a jurisdiction listed in Part 3 of this Schedule.

3.  The terms—

“action”;

“grievance”;

“modified grievance procedure”;

“standard grievance procedure”; and

“tribunal”,

have the same meaning in this Order as they have in the Regulations.

(1)

S.I. 1992/807 (N.I. 5).

(2)

Article 144 was amended by S.R. 1998 No. 386, regulation 32(5); S.I. 1999/2790 (N.I. 9), Schedule 4, Part 3, paragraph 11, Schedule 5, paragraphs 4 and 5 and Schedule 9; and S.I. 2004/3078 (N.I. 19), Article 20(9) and 21(4).