The Transfer of Undertakings (Protection of Employment) Regulations 2006

10.—(1) In regulation 10 for “the Pensions Schemes Act 1993” there is substituted “the Social Security Pensions (Northern Ireland) Order 1975(1)”. U.K.

[F1 (2) In regulation 11 for paragraph (2)(c) there is substituted—

“(c) information of any—

(i) disciplinary procedure taken against an employee in circumstances where the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004 apply,

(ii) grievance procedure taken by an employee where a Code of Practice issued under Part XI of the Industrial Relations (Northern Ireland) Order 1992 which relates exclusively or primarily to the resolution of disputes applies,

where such procedure was taken within the previous two years;”.]

[F2 (3) In regulation 12—

(a) for “[F3 Sections 18A to 18C] of the 1996 Tribunals Act” there is substituted “[F4 Articles 20A to 20C] of the Industrial Tribunals (Northern Ireland) Order 1996”; and

(b) for any reference to “Act” there is substituted “Order”.]

(4) In regulation 16—

(a) for “[F5 sections 18A to 18C] of the 1996 Tribunals Act” there is substituted “[F6 Articles 20A to 20C] of the Industrial Tribunals (NI) Order 1996 No.1921 (NI 18)”; and

(b) for any reference to “those Acts” there is substituted a reference to “those Orders”.

[F7 (4A) In regulation 16A—

(a) in paragraph (2)(a) for the words “subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings)” substitute “paragraph (1) of Article 20A of the Industrial Tribunals (Northern Ireland) Order 1996 (requirement to contact the Labour Relations Agency before instituting proceedings)”;

(b) in paragraph (2)(b) for the words “(by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section” substitute “(by virtue of regulations made under paragraph (11) of that Article) the certificate issued under paragraph (4) of that Article”.]

[F8 (5) In regulation 18—

(a) for the reference to “that Act” there is substituted “that Order”;

(b) for the reference to “section” there is substituted “Article”.

(6) In regulation 19—

(a) for any reference to “subsection” there is substituted “paragraph”; and

(b) for any reference to “paragraph” there is substituted “sub-paragraph”.

(7) In paragraph (3)(b) of regulation 7 for any reference to “that Act” there is substituted “that Order”.]

Textual Amendments

F1 Sch. 1 para. 10(2) substituted (3.4.2011) by The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/163), regs. 1(2), 2

F2 Sch. 1 para. 10(3) substituted (6.4.2006) by The Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), regs. 1, 20(2)(b) (with reg. 21)

F3 Words in Sch. 1 para. 10(3)(a) substituted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 39(a)

F4 Words in Sch. 1 para. 10(3)(a) substituted (27.1.2020) by The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/15), regs. 1(1), 3

F5 Words in Sch. 1 para. 10(4)(a) substituted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 39(b)

F6 Words in Sch. 1 para. 10(4)(a) substituted (27.1.2020) by The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/15), regs. 1(1), 4

F7 Sch. 1 para. 10(4A) inserted (27.1.2020) by The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/15), regs. 1(1), 5

F8 Sch. 1 para. 10(5)-(7) inserted (6.4.2006) by The Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), regs. 1, 20(2)(c) (with reg. 21)

Commencement Information

I1 Sch. 1 para. 10 in force at 6.4.2006, see reg. 1(2)

(1)

S.I. 1995/1503 (N.I. 15).