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The Employment Rights (Northern Ireland) Order 1996

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The Employment Rights (Northern Ireland) Order 1996 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART I INTRODUCTORY AND INTERPRETATION

    1. CHAPTER I CITATION AND COMMENCEMENT

      1. 1.Citation and commencement

    2. CHAPTER II INTERPRETATION – GENERAL

      1. 2.Interpretation – general

      2. 3.Employees, workers

      3. 4.Associated employers

      4. 5.Normal working hours

    3. CHAPTER III CONTINUOUS EMPLOYMENT

      1. 6.Introductory

      2. 7.Period of continuous employment

      3. 8.Weeks counting in computing period

      4. 9.Intervals in employment

      5. 10.Special provisions for redundancy payments

      6. 11.Employment abroad etc.

      7. 12.Industrial disputes

      8. 13.Reinstatement after military service

      9. 14.Change of employer

      10. 15.Reinstatement or re-engagement of dismissed employee

    4. CHAPTER IV A WEEK'S PAY

      1. Introductory

        1. 16.Introductory

      2. Employments with normal working hours

        1. 17.General

        2. 18.Remuneration varying according to time of work

        3. 19.Supplementary

      3. Employments with no normal working hours

        1. 20.Employments with no normal working hours

      4. The calculation date

        1. 21.Rights during employment

        2. 22.Rights on termination

      5. Maximum amount of week's pay

        1. 23.Maximum amount

      6. Miscellaneous

        1. 24.New employments and other special cases

        2. 25.Supplementary

  3. PART II ACCESS TO EMPLOYMENT

    1. 26.Refusal of employment on grounds related to union membership

    2. 27.Refusal of service of employment agency on grounds related to union membership

    3. 28.Complaints to industrial tribunal

    4. 29.Determination of complaints

    5. 30.Complaint against employer and employment agency

    6. 31.Awards against third parties

    7. 32.Interpretation and other supplementary provisions

  4. PART III EMPLOYMENT PARTICULARS

    1. Right to statements of employment particulars

      1. 33.Statement of initial employment particulars

      2. 34.Statement of initial particulars: supplementary

      3. 35.Note about disciplinary procedures and pensions

      4. 36.Statement of changes

      5. 37.Exclusion from rights to statements

      6. 38.Reasonably accessible document or collective agreement

      7. 39.Power of Department to require particulars of further matters

      8. 39A.Use of alternative documents to give particulars

      9. 39B.Giving of alternative documents before start of employment

    2. Right to itemised pay statement

      1. 40.Itemised pay statement

      2. 41.Standing statement of fixed deductions

      3. 42.Power to amend provisions about pay and standing statements

    3. Enforcement

      1. 43.References to industrial tribunals

      2. 44.Determination of references

  5. PART IV PROTECTION OF WAGES

    1. Deductions by employer

      1. 45.Right not to suffer unauthorised deductions

      2. 46.Excepted deductions

    2. Payments to employer

      1. 47.Right not to have to make payments to employer

      2. 48.Excepted payments

    3. Cash shortages and stock deficiencies in retail employment

      1. 49.Introductory

      2. 50.Limits on amount and time of deductions

      3. 51.Wages determined by reference to shortages etc.

      4. 52.Limits on method and timing of payments

      5. 53.Limit on amount of payments

      6. 54.Final instalments of wages

    4. Enforcement

      1. 55.Complaints to industrial tribunals

      2. 56.Determination of complaints

      3. 57.Determinations: supplementary

      4. 58.Complaints and other remedies

    5. Supplementary

      1. 59.Meaning of “wages” etc.

  6. PART IVA ZERO HOURS WORKERS

    1. 59A.Zero hours workers

  7. PART V GUARANTEE PAYMENTS

    1. 60.Right to guarantee payment

    2. 61.Exclusions from right to guarantee payment

    3. 62.Calculation of guarantee payment

    4. 63.Limits on amount of and entitlement to guarantee payment

    5. 64.Contractual remuneration

    6. 65.Power to modify provisions about guarantee payments

    7. 66.Complaints to industrial tribunals

    8. 67.Exemption orders

  8. PART VA PROTECTED DISCLOSURES

    1. 67A.Meaning of “protected disclosure”

    2. 67B.Disclosures qualifying for protection

    3. 67C.Disclosure to employer or other responsible person

    4. 67D.Disclosure to legal adviser

    5. 67E.Disclosure to Minister of the Crown or a Northern Ireland department

    6. 67F.Disclosure to prescribed person

    7. 67FA.Prescribed persons: duty to report on disclosure of information

    8. 67G.Disclosure in other cases

    9. 67H.Disclosure of exceptionally serious failure

    10. 67J.Contractual duties of confidentiality

    11. 67K.Extension of meaning of “worker” etc. for Part VA

    12. 67KA.Application of Part VA and related provisions to police

    13. 67L.Other interpretative provisions

  9. PART VI PROTECTION FROM SUFFERING DETRIMENT ETC. IN EMPLOYMENT

    1. CHAPTER I RIGHTS NOT TO SUFFER DETRIMENT

      1. 67M.Jury service

      2. 68.Health and safety cases

      3. 68A.Working time cases

      4. 69.Trustees of occupational pension schemes

      5. 70.Employee representatives

      6. 70A.Employees exercising right to time off work for study or training

      7. 70B.Protected disclosures

      8. 70C.Leave for family and domestic reasons

      9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      10. 70E. Flexible working

      11. 71.Complaints to industrial tribunals

      12. 72.Remedies

      13. 72A.Application to police of Article 68 and related provisions

    2. CHAPTER II DETRIMENT

      1. 73.Detriment on grounds related to union membership or activities

      2. 74.Complaints to industrial tribunal

      3. 75.Consideration of complaint

      4. 76.Remedies

      5. 77.Awards against third parties

    3. CHAPTER III INDUCEMENTS

      1. 77A.Inducements relating to union membership or activities

      2. 77B.Inducements relating to collective bargaining

      3. 77C.Time limit for proceedings

      4. 77D.Consideration of complaint

      5. 77E.Remedies

      6. 77F.Interpretation and other supplementary provisions

  10. PART VII TIME OFF WORK

    1. Public duties

      1. 78.Right to time off for public duties

      2. 79.Complaints to industrial tribunals

    2. Looking for work and making arrangements for training

      1. 80.Right to time off to look for work or arrange training

      2. 81.Right to remuneration for time off under Article 80

      3. 82.Complaints to industrial tribunals

    3. Ante-natal care

      1. 83.Right to time off for ante-natal care

      2. 84.Right to remuneration for time off under Article 83

      3. 85.Complaints to industrial tribunals

    4. Ante-natal care: agency workers

      1. 85ZA.Right to time off for ante-natal care (agency workers)

      2. 85ZB.Right to remuneration for time off under Article 85ZA

      3. 85ZC.Complaints to industrial tribunals: agency workers

      4. 85ZD.Agency workers: supplementary

    5. Accompanying to ante-natal appointments

      1. 85ZE.Right to time off to accompany to ante-natal appointments

      2. 85ZF.Complaint to industrial tribunal

    6. Accompanying to ante-natal appointments: agency workers

      1. 85ZG.Right to time off to accompany to ante-natal appointments: agency workers

      2. 85ZH.Complaint to industrial tribunal: agency workers

      3. 85ZI.Agency workers: supplementary

    7. Adoption appointments

      1. 85ZJ.Right to paid time off to attend adoption appointments

      2. 85ZK.Right to remuneration for time off under Article 85ZJ

      3. 85ZL.Right to unpaid time off to attend adoption appointments

      4. 85ZM.Complaint to industrial tribunal

    8. Adoption appointments: agency workers

      1. 85ZN.Right to paid time off to attend adoption appointments: agency workers

      2. 85ZO.Right to remuneration for time off under Article 85ZN

      3. 85ZP.Right to unpaid time off to attend adoption appointments: agency workers

      4. 85ZQ.Complaint to industrial tribunal: agency workers

      5. 85ZR.Agency workers: supplementary

      6. 85ZS.Entitlement: prospective adopters with whom looked after children are placed

    9. Dependants

      1. 85A.Time off for dependants

      2. 85B.Complaint to industrial tribunal

    10. Occupational pension scheme trustees

      1. 86.Right to time off for pension scheme trustees

      2. 87.Right to payment for time off under Article 86

      3. 88.Complaints to industrial tribunals

    11. Employee representatives

      1. 89.Right to time off for employee representatives

      2. 90.Right to remuneration for time off under Article 89

      3. 91.Complaints to industrial tribunals

    12. Study or training

      1. 91A.Right to time off for young person for study or training

      2. 91B.Right to remuneration for time off under Article 91A

      3. 91C.Complaints to industrial tribunals

    13. Trade union duties and activities

      1. 92.Right to time off for carrying out trade union duties

      2. 92A.Time off for union learning representatives

      3. 93.Right to remuneration for time off under Article 92

      4. 94.Right to time off for trade union activities

      5. 95.Complaints to industrial tribunals

  11. PART VIII SUSPENSION FROM WORK

    1. Suspension on medical grounds

      1. 96.Right to remuneration on suspension on medical grounds

      2. 97.Exclusions from right to remuneration

    2. Suspension on maternity grounds

      1. 98.Meaning of suspension on maternity grounds

      2. 99.Right to offer of alternative work

      3. 100.Right to remuneration

    3. Ending the supply of an agency worker on maternity grounds

      1. 100A.Meaning of ending the supply of an agency worker on maternity grounds

      2. 100B.Right to offer of alternative work

      3. 100C.Right to remuneration

      4. 100D.Agency workers: supplementary

    4. General

      1. 101.Calculation of remuneration

      2. 101A.Calculation of remuneration (agency workers)

      3. 102.Complaints to industrial tribunals

      4. 102A.Complaints to industrial tribunals: agency workers

  12. PART IX

    1. CHAPTER I MATERNITY LEAVE

      1. 103.Ordinary maternity leave

      2. 104.Compulsory maternity leave

      3. 105.Additional maternity leave

      4. 106.Redundancy and dismissal

      5. 107.Articles 103 to 105: supplemental

    2. CHAPTER IA ADOPTION LEAVE

      1. 107A.Ordinary adoption leave

      2. 107AB.Ordinary adoption leave: prospective adopters with whom looked after children are placed

      3. 107AC.Power to apply Article 107A to other cases

      4. 107B.Additional adoption leave

      5. 107BA.Power to apply Article 107B to other cases

      6. 107C.Redundancy and dismissal

      7. 107D.Chapter IA: supplemental

    3. CHAPTER 1B SHARED PARENTAL LEAVE

      1. 107E.Entitlement to shared parental leave: birth

      2. 107F.Entitlement to leave under Article 107E: further provision

      3. 107G.Entitlement to shared parental leave: adoption

      4. 107H.Entitlement to shared parental leave: prospective adopters with whom looked after children are placed

      5. 107I.Regulations under Article 107G: further provision

      6. 107J.Power to apply Articles 107G and 107I to other cases

      7. 107K.Rights during and after shared parental leave

      8. 107L.Redundancy and dismissal

      9. 107M.Chapter 1B: supplemental

    4. CHAPTER II PARENTAL LEAVE

      1. 108.Entitlement to parental leave

      2. 109.Rights during and after parental leave

      3. 110.Special cases

      4. 111.Supplemental

      5. 112.Complaint to industrial tribunal

    5. CHAPTER III PATERNITY LEAVE

      1. 112A.Entitlement to paternity leave : birth

      2. 112AA.Entitlement to additional paternity leave: birth

      3. 112B.Entitlement to paternity leave : adoption

      4. 112BA.Entitlement to paternity leave: prospective adopters with whom looked after children are placed

      5. 112BAA.Power to apply Article 112B to other cases

      6. 112BB.Entitlement to additional paternity leave: adoption

      7. 112C.Rights during and after paternity leave

      8. 112D.Special cases

      9. 112E.Chapter III: supplemental

    6. CHAPTER 4 PARENTAL BEREAVEMENT LEAVE

      1. 112EA.Parental bereavement leave

      2. 112EB.Rights during and after bereavement leave

      3. 112EC.Special cases

      4. 112ED.Chapter 4: supplemental

      5. 112EE.Application in relation to stillbirths

      6. 112EF⁠.Application in relation to miscarriage

  13. PART IXA FLEXIBLE WORKING

    1. 112F.Statutory right to request contract variation

    2. 112G.Employer's duties in relation to application under Artice 112F

    3. 112H.Complaints to industrial tribunals

    4. 112I.Remedies

  14. PART X TERMINATION OF EMPLOYMENT

    1. Minimum period of notice

      1. 118.Rights of employer and employee to minimum notice

      2. 119.Rights of employee in period of notice

      3. 120.Employments with normal working hours

      4. 121.Employments without normal working hours

      5. 122.Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit

      6. 123.Supplementary

    2. Written statement of reasons for dismissal

      1. 124.Right to written statement of reasons for dismissal

      2. 125.Complaints to industrial tribunal

  15. PART XI UNFAIR DISMISSAL

    1. CHAPTER I RIGHT NOT TO BE UNFAIRLY DISMISSED

      1. The right

        1. 126.The right

      2. Dismissal

        1. 127.Circumstances in which an employee is dismissed

        2. Art. 128 rep. by 1999 NI 9

        3. 129.Effective date of termination

      3. Fairness

        1. 130.General

      4. Retirement

        1. 130ZA.No normal retirement age: dismissal before 65

        2. 130ZB.No normal retirement age: dismissal at or after 65

        3. 130ZC.Normal retirement age: dismissal before retirement age

        4. 130ZD.Normal retirement age 65 or higher: dismissal at or after retirement age

        5. 130ZE.Normal retirement age below 65: dismissal at or after retirement age

        6. 130ZF.Reason for dismissal: particular matters

        7. 130ZG.Retirement dismissals: fairness

        8. 130ZH.Interpretation

      5. Other Dismissals

        1. 130A.Procedural fairness

        2. 130B.Jury service

        3. 131.Leave for family reasons

        4. 132.Health and safety cases

        5. 132A.Working time cases

        6. 133.Trustees of occupational pension schemes

        7. 134.Employee representatives

        8. 134A.Protected disclosure

        9. 135.Assertion of statutory right

        10. 135A.The national minimum wage

        11. 135B.Tax credit

        12. 135C.Flexible working

        13. 135D.Pension enrolment

        14. 135F.Blacklists

        15. 136.Trade union membership or activities

        16. 137.Redundancy

        17. 138.Replacements

        18. 139.Pressure on employer to dismiss unfairly

      6. Exclusion of right

        1. 140.Qualifying period of employment

        2. 141.Upper age limit

        3. 142.Dismissal procedures agreements

        4. 143.Dismissal of those taking part in unofficial industrial action

        5. 144.Dismissals in connection with other industrial action

        6. 144A.Participation in official industrial action

        7. 144B.Conciliation and mediation: supplementary provisions

    2. CHAPTER II REMEDIES FOR UNFAIR DISMISSAL

      1. Introductory

        1. 145.Complaints to industrial tribunal

        2. 146.The remedies: orders and compensation

      2. Orders for reinstatement or re-engagement

        1. 147.The orders

        2. 148.Order for reinstatement

        3. 149.Order for re-engagement

        4. 150.Choice of order and its terms

        5. 151.Enforcement of order and compensation

      3. Compensation

        1. 152.General

        2. 153.Basic award

        3. 154.Basic award: minimum in certain cases

        4. 155.Basic award of two weeks' pay in certain cases

        5. 156.Basic award: reductions

        6. 157.Compensatory award

        7. 158.Limit of compensatory award etc.

        8. 158A.Adjustments under the Employment (Northern Ireland) Order 2003

        9. Art. 159 rep. by 1999 NI 9

        10. 160.Acts which are both unfair dismissal and discrimination

        11. 161.Matters to be disregarded in assessing contributory fault

        12. Art. 162 rep. by 1999 NI 9

        13. Art. 162A rep. by 2003 NI 15

        14. Art. 162B rep. by 1999 NI 9

      4. Interim relief

        1. 163.Interim relief pending determination of complaint

        2. 164.Procedure on hearing of application and making of order

        3. 165.Order for continuation of contract of employment

        4. 166.Application for variation or revocation of order

        5. 167.Consequence of failure to comply with order

    3. CHAPTER III SUPPLEMENTARY

      1. 168.Death of employer or employee

      2. 169.Awards against third parties

      3. 169A.Application to police

  16. PART XII REDUNDANCY PAYMENTS ETC.

    1. CHAPTER I RIGHT TO REDUNDANCY PAYMENT

      1. 170.The right

    2. CHAPTER II RIGHT ON DISMISSAL BY REASON OF REDUNDANCY

      1. Dismissal by reason of redundancy

        1. 171.Circumstances in which an employee is dismissed

        2. Art. 172 rep. by 1999 NI 9

        3. 173.No dismissal in cases of renewal of contract or re-engagement

        4. 174.Redundancy

      2. Exclusions

        1. 175.Summary dismissal

        2. 176.Renewal of contract or re-engagement

        3. 177.Employee anticipating expiry of employer's notice

        4. 178.Strike during currency of employer's notice

        5. 179.Provisions supplementary to Article 178

      3. Supplementary

        1. 180.The relevant date

        2. 181.Provisions supplementing Articles 173 and 176

    3. CHAPTER III RIGHT BY REASON OF LAY-OFF OR SHORT-TIME

      1. Lay-off and short-time

        1. 182.Meaning of “lay-off” and “short-time”

        2. 183.Eligibility by reason of lay-off or short-time

      2. Exclusions

        1. 184.Counter-notices

        2. 185.Resignation

        3. 186.Dismissal

        4. 187.Likelihood of full employment

      3. Supplementary

        1. 188.The relevant date

        2. 189.Provisions supplementing Articles 183 and 187

    4. CHAPTER IV GENERAL EXCLUSIONS FROM RIGHT

      1. 190.Qualifying period of employment

      2. 191.Upper age limit

      3. 192.Exemption orders

      4. 193.Pension rights

      5. 194.Public offices etc.

      6. 195.Overseas government employment

      7. 196.Domestic servants

    5. CHAPTER V OTHER PROVISIONS ABOUT REDUNDANCY PAYMENTS

      1. 197.Amount of a redundancy payment

      2. 198.References to industrial tribunals

      3. 199.Claims for redundancy payment

      4. 200.Written particulars of redundancy payment

    6. CHAPTER VI PAYMENTS BY DEPARTMENT

      1. 201.Applications for payments

      2. 202.Making of payments

      3. 203.Amount of payments

      4. 204.Information relating to applications for payments

      5. 205.References to industrial tribunals

    7. CHAPTER VII SUPPLEMENTARY

      1. Application of Part to particular cases

        1. 206.Employment not under contract of employment

        2. 207.Termination of employment by statute

        3. 208.Employees paid by person other than employer

      2. Death of employer or employee

        1. 209.Death of employer: dismissal

        2. 210.Death of employer: lay-off and short-time

        3. 211.Death of employee

      3. Equivalent payments

        1. 212.References to industrial tribunals

      4. Other supplementary provisions

        1. 213.Old statutory compensation schemes

        2. 214.Notices

        3. 215.Interpretation

  17. PART XIII PROCEDURE FOR HANDLING REDUNDANCIES

    1. Duty of employer to consult representatives of employees

      1. 216.Duty of employer to consult representatives of employees

      2. 216A.Election of employee representatives

      3. 217.Complaint and protective award

      4. 218.Entitlement under protective award

      5. 219.Termination of employment during protected period

      6. 220.Complaint by employee to industrial tribunal

    2. Duty of employer to notify Department

      1. 221.Duty of employer to notify Department of certain redundancies

      2. 221A.Duty of employer to notify competent authority of a vessel’s flag State of certain redundancies

      3. 222.Offence of failure to notify

    3. Supplementary provisions

      1. 223.Construction of references to dismissal as redundant etc.

      2. 224.Construction of references to representatives

      3. 225.Power to vary provisions

      4. 226.Power to adapt provisions in case of collective agreement

  18. PART XIV INSOLVENCY OF EMPLOYERS

    1. 227.Employee's rights on insolvency of employer

    2. 228.Insolvency

    3. 229.Debts to which Part applies

    4. 230.The appropriate date

    5. 231.Limit on amount payable under Article 227

    6. 232.Role of relevant officer

    7. 233.Complaints to industrial tribunals

    8. 234.Transfer to Department of rights and remedies

    9. 235.Power to obtain information

  19. PART XV MISCELLANEOUS

    1. CHAPTER I PARTICULAR TYPES OF EMPLOYMENT

      1. Crown employment etc.

        1. 236.Crown employment

        2. 237.Armed forces

        3. 238.National security

      2. Excluded classes of employment

        1. 239.Employment outside Northern Ireland

        2. Art. 240 rep. by SR 2002/298

        3. 241.Short-term employment

        4. 242.Mariners

        5. 243.Police officers

    2. CHAPTER II OTHER MISCELLANEOUS MATTERS

      1. Restrictions on disclosure of information

        1. 244.National security etc.

      2. Contracting out etc. and remedies

        1. 245.Restrictions on contracting out

        2. 246.Law governing employment

        3. 247.Remedy for infringement of certain rights

      3. General provisions about death of employer or employee

        1. 248.Institution or continuance of tribunal proceedings

        2. 249.Rights and liabilities accruing after death

        3. 249A.Time limits in relation to certain mediated cross-border disputes

      4. Extension of certain time limits

        1. 249B.Extension of time limits to facilitate conciliation before institution of proceedings

      5. Modifications of Order

        1. 250.Powers to amend Order

  20. PART XVI GENERAL AND SUPPLEMENTARY

    1. General

      1. 251.Orders and regulations

      2. 252.Financial provisions

    2. Reciprocal arrangements

      1. 253.Reciprocal arrangements with Great Britain

      2. 254.Reciprocal arrangements with Isle of Man

    3. Final provisions

      1. Article 255—Amendments

      2. 256.Transitionals, savings and transitory provisions

      3. 257.Repeals and revocations

  21. SCHEDULES

    1. Schedule 1—Amendments

    2. SCHEDULE 2

      TRANSITIONAL PROVISIONS, SAVINGS AND TRANSITORY PROVISIONS

      1. PART I TRANSITIONAL PROVISIONS AND SAVINGS

        1. General transitionals and savings

          1. 1.The substitution of this Order for the provisions repealed or revoked by this Order does...

          2. 2.(1) Anything done, or having effect as done, (including the making of subordinate legislation) under...

          3. 3.Any reference (express or implied) in this Order or any other statutory provision, or in...

          4. 4.(1) Any reference (express or implied) in any statutory provision, or in any instrument or...

          5. 5.Paragraphs 1 to 4 have effect in place of section 29 of the Interpretation Act...

        2. Preservation of old transitionals and savings

          1. 6.(1) The repeal by this Order of a statutory provision previously repealed subject to savings...

        3. Employment particulars

          1. 7.(1) In this paragraph “existing employee” means an employee whose employment with his employer began...

        4. Monetary limits in old cases

          1. 8.In relation to any case in which (but for this Order) a limit lower than...

        5. Periods of employment

          1. 9.(1) The reference in Article 11(2)(b) to a person being an employed earner for the...

          2. 10.(1) Subject to paragraph 9 and sub-paragraph (2), Chapter III of Part I applies to...

      2. PART II TRANSITORY PROVISIONS

        1. Occupational pension scheme trustees

          1. 11.(1) If Articles 42 to 46 of the Pensions (Northern Ireland) Order 1995 have not...

        2. Armed forces

          1. 12.(1) If Article 10 of the Industrial Relations (Northern Ireland) Order 1993 has not come...

          2. Para. 13 rep. by 1998 NI 8

          3. Para. 13 rep. by 1998 NI 8

    3. Schedule 3—Repeals

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