The Employment Rights (Northern Ireland) Order 1996

Rights during employment N.I.

21.—(1) Where the calculation is for the purposes of Article 62, the calculation date is—

(a) where the employee's contract has been varied, or a new contract entered into, in connection with a period of short-time working, the last day on which the original contract was in force, and

(b) otherwise, the day in respect of which the guarantee payment is payable.

(2) Where the calculation is for the purposes of Article 81 or 82, the calculation date is the day on which the employer's notice was given.

(3) Where the calculation is for the purposes of Article 84, the calculation date is the day of the appointment.

[F1 (3A) Where the calculation is for the purposes of Article 85ZF, the calculation date is the day of the appointment.]

[F2 (3B) Where the calculation is for the purposes of Article 85ZK or 85ZM, the calculation date is the day of the appointment.]

(4) Where the calculation is for the purposes of Article 90, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.

[F3 (4A) Where the calculation is for the purposes of Article 91B, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.]

(5) Where the calculation is for the purposes of Article 101—

(a) in the case of an employee suspended on medical grounds, the calculation date is the day before that on which the suspension begins, and

(b) in the case of an employee suspended on maternity grounds, the calculation date is—

[F4 (i)] [F4 where the day before that on which the suspension begins falls during a period of ordinary or additional maternity leave, the day before the beginning of that period,] and

(ii) otherwise, the day before that on which the suspension begins.

[F5 (6) Where the calculation is for the purposes of Article 112I, the calculation date is the day on which the application under Article 112F was made.]

F1 Art. 21(3A) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 15(3), 23(1); S.R. 2015/86, art. 3(1)(l)

F2 Art. 21(3B) inserted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 17(3), 23(1); S.R. 2015/86, art. 4(1)(e)

F3 1998 NI 15

F4 1999 NI 9

F5 2002 NI 2

Modifications etc. (not altering text)

C1 Arts. 16-24 applied (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 2(3), 16(4), Sch. 1 para. 11 (with reg. 21(1)(5), Sch. 1 para. 3)

C2 Arts. 16-24 applied (6.4.2006) by Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), reg. 16(4)