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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 43 is up to date with all changes known to be in force on or before 01 December 2024. 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 43:
- 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
References to industrial tribunalsN.I.
43.—(1) Where an employer does not give an employee a statement as required by Article 33, 36 or 40 (either because he gives him no statement or because the statement he gives does not comply with what is required), the employee may require a reference to be made to an industrial tribunal to determine what particulars ought to have been included or referred to in a statement so as to comply with the requirements of the Article concerned.
(2) Where—
(a)a statement purporting to be a statement under Article 33 or 36, or a pay statement or a standing statement of fixed deductions purporting to comply with Article 40 or 41, has been given to an employee, and
(b)a question arises as to the particulars which ought to have been included or referred to in the statement so as to comply with the requirements of this Part,
either the employer or the employee may require the question to be referred to and determined by an industrial tribunal.
(3) For the purposes of this Article—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a question as to the particulars which ought to have been included in a pay statement or standing statement of fixed deductions does not include a question solely as to the accuracy of an amount stated in any such particulars.
(4) An industrial tribunal shall not consider a reference under this Article in a case where the employment to which the reference relates has ceased unless an application requiring the reference to be made was made—
(a)before the end of the period of three months beginning with the date on which the employment ceased, or
(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the application to be made before the end of that period of three months.
[F2(5) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (4)(a).]
F1Art. 43(3)(a) and word omitted (6.4.2016) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 67
F2Art. 43(5) added (27.1.2020) by Employment Act (Northern Ireland) 2016 (c. 15), s. 29(2), Sch. 2 para. 13; S.R. 2020/1, art. 2(n)
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