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The Employment Rights (Northern Ireland) Order 1996
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Changes over time for: Section 140
Changes to legislation:
The Employment Rights (Northern Ireland) Order 1996, Section 140 is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 140:
- art.126-169 (Pt.1) (defn. of dismissal) applied by 1998 c. 39 s.23(4) (This amendment not applied to legislation.gov.uk. Pre-2006 basedate NI non-textual amendment)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Pt. 7A inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 1
- Ch. 5 inserted by 2022 c. 27 (N.I.) s. 1(1)
- art. 21(4B) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 2
- art. 23(1)(zza) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 3
- art. 70F inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 4
- art. 70G inserted by 2020 c. 7 Sch. 7 para. 20
- art. 71(1C) inserted by 2020 c. 7 Sch. 7 para. 21(a)
- art. 72(8) inserted by 2020 c. 7 Sch. 7 para. 22(b)
- art. 85ZS(3)(a)-(c) substituted for words by 2022 c. 18 (N.I.) Sch. 3 para. 47(4)
- art. 95F(5A) inserted by 2016 c. 15 (N.I.) Sch. 2 para. 32
- art. 135E inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 6
- art. 135G inserted by 2020 c. 7 Sch. 7 para. 25
- art. 137(6D) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 7
- art. 137(7N) inserted by 2020 c. 7 Sch. 7 para. 26(b)
- art. 140(3)(fj) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 8
- art. 140(3)(fl) inserted by 2020 c. 7 Sch. 7 para. 27
- art. 143(2)(ddd) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 9
- art. 144(2)(ddd) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 10
Qualifying period of employmentN.I.
140.—(1) Article 126 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than[F1 one year] ending with the effective date of termination.
(2) If an employee is dismissed by reason of any such requirement or recommendation as is referred to in Article 96(2), paragraph (1) has effect in relation to that dismissal as if for the words[F1 one year] there were substituted the words “one month”.
(3) Paragraph (1) does not apply if—
Sub‐para. (a) rep. by 1999 NI 9
[F2(aa)paragraph (1) of Article 130B (read with paragraph (2) of that Article) applies,]
[F2(b)paragraph (1) of Article 131 (read with any regulations made under that Article) applies,]
(c)paragraph (1) of Article 132 (read with paragraphs (2) and (3) of that Article) applies,
[F3(cc)Article 132A applies,]
(d)Article 133 applies,
(e)Article 134 applies,
[F4(ee)Article 134A applies,]
(f)paragraph (1) of Article 135 (read with paragraphs (2) and (3) of that Article) applies,
[F5(ff)paragraph (1) of Article 135A (read with paragraph (2) of that Article) applies,]
F6[F7(fg)paragraph (1) of Article 135B (read with paragraph (2) of that Article) applies,]
[F8(fh)Article 135C applies;]
[F9(fi)paragraph (1) of Article 135D (read with paragraph (2) of that Article) applies,]
[F10(fk)paragraph (1) of Article 135F (read with paragraph (2) of that Article) applies,]
(g)Article 136 applies, or
(h)Article 137 appliesF11. . .
[F12(j)Article 144A appliesF13. . . ]
[F14(k)paragraph (3) or (6) of regulation 28 of the Transnational Information and Consultation of Employees Regulations 1999 (read with paragraphs (4) and (7) of that regulations) appliesF15. . . ]
[F13(l)paragraph (1) of regulation 7 of the Part‐time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000 applies.F16. . . ]
[F15(m)paragraph (1) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 applies.F17. . . ]
[F16(n)paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 applies.F18. . . ]
F19[F17(o)paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (read with paragraphs (4) and (7) of that regulation) applies.]F20[F21. . .
(p)paragraph (3) or (6) of regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 applies][F22, or
(p)paragraph 5(3) or (5) of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (read with paragraph 5(6) of that Schedule) applies.][F23 or
(q)F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F25(q)regulation 46 or 47 of the Companies (Cross-Border Mergers) Regulations 2007 applies][F26, F27. . .
(r)paragraph (1)(a) or (b) of regulation 29 of the European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I.2009/2402) applies,][F28 or
(s)paragraph (1) of regulation 17 of the Agency Workers Regulations (Northern Ireland) 2011 applies.]
F1SR 1999/277
F3SR 1998/386
F6Art. 140(3)(fg) insertion continued (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 27, Sch. 1 para. 4(4); S.I. 2002/1727, art. 2
F9Art. 140(3)(fi) inserted (30.6.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 57(5), 118(1) (with s. 73); S.R. 2012/266, art. 2(b), Sch. Pt. 2
F10Art. 140(3)(fk) inserted (6.4.2014) by The Employment Relations (Northern Ireland) Order 1999 (Blacklists) Regulations (Northern Ireland) 2014 (S.R. 2014/88), regs. 1, 12(4)
F11SI 1999/3323
F13SR 2000/219
F14SI 1999/2232
F15SR 2002/298
F16SR 2004/417
F17SR 2005/47
F18Word in art. 140(3)(n) omitted (6.4.2006) by virtue of Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (S.R. 2006/48), reg. 17, Sch. para. 6(3)(a)
F19By Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 48(2)(a), Sch. 2 para. 8 it is provided (15.12.2007) that in art. 140(3)(o) omit the word "or"
F20Word in art. 140(3)(o) repealed (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 53, Sch. 7 para. 3(5)(a), Sch. 8(1) (with reg. 50)
F21Art. 140(3)(p) and preceding word inserted (18.8.2006) by virtue of European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 2(2), 32(2)(b) (in their application in relation to Northern Ireland subject to the modifications in {Sch. 3 para. 11})
F22Art. 140(3)(p) and preceding words inserted (6.4.2006) by Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (S.R. 2006/48), reg. 17, Sch. para. 6(3)(b)
F23Art. 140(3)(q) and preceding word inserted (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 53(1), Sch. 7 para. 3(5)(b) (with reg. 50)
F24Art. 140(3)(q) omitted (6.4.2011) by virtue of Employment Equality (Repeal of Retirement Age Provisions) Regulations (Northern Ireland) 2011 (S.R. 2011/168), reg. 3(5) (with regs. 4, 5, 7)
F25Art. 140(3)(q) and preceding word inserted (15.12.2007) by virtue of Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 48(2)(b), Sch. 2 para. 8
F26Art. 140(3)(r) and preceding words inserted (1.10.2009) by European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402), reg. 30(3) (with reg. 39)
F27Word in art. 140(3) omitted (5.12.2011) by virtue of Agency Workers Regulations (Northern Ireland) 2011 (S.R. 2011/350), Sch. 2 para. 15
F28Art. 140(3)(s) and preceding word inserted (5.12.2011) by Agency Workers Regulations (Northern Ireland) 2011 (S.R. 2011/350), Sch. 2 para. 15
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