The Industrial Relations (Northern Ireland) Order 1987

5.—(1) In Article 2(4) (definition of periods of continuous employment) for the words from the beginning to “No. 1 Order” there shall be substituted “Article 22 of the Industrial Relations (Northern Ireland) Order 1987 and Schedule 1 to the Act of 1965”.

(2) In Article 3(4)(a) (exclusion of right to guarantee payment if lack of work due to trade dispute), for the words “trade dispute” there shall be substituted “strike, lock-out or other industrial action”.

(3) In Articles 13 and 31 (dismissal of replacement) for the words “Article 22(10)” there shall be substituted “Article 22(3)”.

(4) In Article 49, paragraph (2)(a) (exemption for employment where the employer is the husband or wife of the employee) shall cease to have effect.

(5) For Article 60 there shall be substituted—

“Arrangements with Great Britain

60.— (1) The Head of the Department shall be the appropriate Northern Irish authority for the purposes of the corresponding Great British legislation and may, with the consent of the Department of Finance and Personnel, make reciprocal arrangements with the Secretary of State for co-ordinating the provisions of the relevant Northern Irish legislation with the provisions of the corresponding Great British legislation so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system.

(2) For the purpose of giving effect to any such arrangements which relate to parts II to IV of the Act of 1965 or to the provisions of Articles 42 to 46 of the No. 1 Order, the Head of the Department shall have power, in conjunction with the Secretary of State, to make any necessary financial adjustments between the Northern Ireland Redundancy Fund and the Redundancy Fund controlled and managed under the corresponding Great British legislation.

(3) The Head of the Department may make regulations for giving effect in Northern Ireland to any such arrangements and any such regulations may provide that the relevant Northern Irish legislation shall have effect in relation to persons affected by the arrangements subject to such modifications and adaptations as may be specified in the regulations, including provision—

(a) for securing that acts, omissions and events having any effect for the purposes of the corresponding Great British legislation shall have a corresponding effect for the purposes of the relevant Northern Irish legislation (but not so as to confer a right to double payment in respect of the same act, omission or event); and

(b) for determining, in cases where rights accrue both under the relevant Northern Irish legislation and under the corresponding Great British legislation which of those rights shall be available to the person concerned.

(4) In this Article—

“the corresponding Great British legislation” means the Employment Protection (Consolidation) Act 1978 or any Act replacing that Act or any part thereof and making provision corresponding to the relevant Northern Irish legislation;

“the relevant Northern Irish legislation” means—

(a)

Parts II to IV of the Act of 1965;

(b)

Parts III to V of the No. 1 Order; and

(c)

this Order.”.

(6) In Article 61(1)(a) (order to achieve parity with Great Britain) for the words “the Redundancy Payments Acts 1965 and 1969” there shall be substituted “Part VI or sections 122 to 126 of the Employment Protection (Consolidation) Act 1978, or any corresponding provision for the time being in force in Great Britain”.

(7) In Schedule 2 (supplementary provisions about maternity)—

(a) in paragraph 2(1) for the words from the beginning to “paragraphs (4), (8) and (9)” there shall be substituted—

“(1) Article 22 of the No. 1 Order (fair and unfair dismissal) shall have effect as if for paragraph (3) there were substituted the following paragraph—

“(3) Where the employer has fulfilled the requirements of paragraph (1), then, subject to Articles 22A(1), 22C and 23 and to Article 14 of the No. 2 Order”;”

(b) in paragraph 2(2) after the words “Article 22” there shall be inserted “or 22A”;

(c) in paragraph 2(4) for the words from “Articles” to the end there shall be substituted “Articles 21, 22A(3) to (13), 22B, 24(1), 25, 26, 27, 32(7), 34(4), (6) and (7), 35(1) to (3) and (5), 68(2) and 76(2) and (3)”;

(d) in paragraph 4(3) for the words from “Articles” to the end there shall be substituted “Articles 22A(3) to (13), 22B, 24, 26, 27 and 76(2) and (3)”.