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The Employment Rights (Northern Ireland) Order 1996
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Changes to legislation:
The Employment Rights (Northern Ireland) Order 1996, Section 39A is up to date with all changes known to be in force on or before 11 February 2025. 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 39A:
- 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. 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
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. 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
[F1Use of alternative documents to give particularsN.I.
39A.—(1) Paragraphs (2) and (3) apply where—
(a)an employer gives an employee a document in writing in the form of a contract of employment or letter of engagement,
(b)the document contains information which, were the document in the form of a statement under Article 33, would meet the employer's obligation under that Article in relation to the matters mentioned in paragraphs (3) and (4)(a) to (c), (d)(i), (f) and (h) of that Article, and
(c)the document is given after the beginning of the employment and before the end of the period for giving a statement under that Article.
(2) The employer's duty under Article 33 in relation to any matter shall be treated as met if the document given to the employee contains information which, were the document in the form of a statement under that Article, would meet the employer's obligation under that Article in relation to that matter.
(3) The employer's duty under Article 35 shall be treated as met if the document given to the employee contains information which, were the document in the form of a statement under Article 33 and the information included in the form of a note, would meet the employer's obligation under Article 35.
(4) For the purposes of this Article a document to which paragraph (1)(a) applies shall be treated, in relation to information in respect of any of the matters mentioned in Article 33(4), as specifying the date on which the document is given to the employee as the date as at which the information applies.
(5) Where paragraph (2) applies in relation to any matter, the date on which the document by virtue of which that paragraph applies is given to the employee shall be the material date in relation to that matter for the purposes of Article 36(1).
(6) Where paragraph (3) applies, the date on which the document by virtue of which that paragraph applies is given to the employee shall be the material date for the purposes of Article 36(1) in relation to the matters of which particulars are required to be given under Article 35.
(7) The reference in Article 36(6) to an employer having given a statement under Article 33 shall be treated as including his having given a document by virtue of which his duty to give such a statement is treated as met.]
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