The Employment Rights (Northern Ireland) Order 1996 PART IINTRODUCTORY AND INTERPRETATIONCHAPTER ICITATION AND COMMENCEMENT1Citation and commencementCHAPTER IIINTERPRETATION – GENERAL2Interpretation – general3Employees, workers4Associated employers5Normal working hoursCHAPTER IIICONTINUOUS EMPLOYMENT6Introductory7Period of continuous employment8Weeks counting in computing period9Intervals in employment10Special provisions for redundancy payments11Employment abroad etc.12Industrial disputes13Reinstatement after military service14Change of employer15Reinstatement or re-engagement of dismissed employeeCHAPTER IVA WEEK'S PAYIntroductory16IntroductoryEmployments with normal working hours17General18Remuneration varying according to time of work19SupplementaryEmployments with no normal working hours20Employments with no normal working hoursThe calculation date21Rights during employment22Rights on terminationMaximum amount of week's pay23Maximum amountMiscellaneous24New employments and other special cases25SupplementaryPART IIACCESS TO EMPLOYMENT26Refusal of employment on grounds related to union membership27Refusal of service of employment agency on grounds related to union membership28Complaints to industrial tribunal29Determination of complaints30Complaint against employer and employment agency31Awards against third parties32Interpretation and other supplementary provisionsPART IIIEMPLOYMENT PARTICULARSRight to statements of employment particulars33Statement of initial employment particulars34Statement of initial particulars: supplementary35Note about disciplinary procedures and pensions36Statement of changes37Exclusion from rights to statements38Reasonably accessible document or collective agreement39Power of Department to require particulars of further matters39AUse of alternative documents to give particulars39BGiving of alternative documents before start of employmentRight to itemised pay statement40Itemised pay statement41Standing statement of fixed deductions42Power to amend provisions about pay and standing statementsEnforcement43References to industrial tribunals44Determination of referencesPART IVPROTECTION OF WAGESDeductions by employer45Right not to suffer unauthorised deductions46Excepted deductionsPayments to employer47Right not to have to make payments to employer48Excepted paymentsCash shortages and stock deficiencies in retail employment49Introductory50Limits on amount and time of deductions51Wages determined by reference to shortages etc.52Limits on method and timing of payments53Limit on amount of payments54Final instalments of wagesEnforcement55Complaints to industrial tribunals56Determination of complaints57Determinations: supplementary58Complaints and other remediesSupplementary59Meaning of “wages” etc.PART VGUARANTEE PAYMENTS60Right to guarantee payment61Exclusions from right to guarantee payment62Calculation of guarantee payment63Limits on amount of and entitlement to guarantee payment64Contractual remuneration65Power to modify provisions about guarantee payments66Complaints to industrial tribunals67Exemption ordersPART VAPROTECTED DISCLOSURES67AMeaning of “protected disclosure”67BDisclosures qualifying for protection67CDisclosure to employer or other responsible person67DDisclosure to legal adviser67EDisclosure to Minister of the Crown or a Northern Ireland department67FDisclosure to prescribed person67GDisclosure in other cases67HDisclosure of exceptionally serious failure67JContractual duties of confidentiality67KExtension of meaning of “worker” etc. for Part VA67KAApplication of Part VA and related provisions to police67LOther interpretative provisionsPART VIPROTECTION FROM SUFFERING DETRIMENT ETC. IN EMPLOYMENTCHAPTER IRIGHTS NOT TO SUFFER DETRIMENT67MJury service68Health and safety cases68AWorking time cases69Trustees of occupational pension schemes70Employee representatives70AEmployees exercising right to time off work for study or training70BProtected disclosures70CLeave for family and domestic reasons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70E Flexible working71Complaints to industrial tribunals72Remedies72AApplication to police of Article 68 and related provisionsCHAPTER IIDETRIMENT73Detriment on grounds related to union membership or activities74Complaints to industrial tribunal75Consideration of complaint76Remedies77Awards against third partiesCHAPTER IIIINDUCEMENTS77AInducements relating to union membership or activities77BInducements relating to collective bargaining77CTime limit for proceedings77DConsideration of complaint77ERemedies77FInterpretation and other supplementary provisionsPART VIITIME OFF WORKPublic duties78Right to time off for public duties79Complaints to industrial tribunalsLooking for work and making arrangements for training80Right to time off to look for work or arrange training81Right to remuneration for time off under Article 8082Complaints to industrial tribunalsAnte-natal care83Right to time off for ante-natal care84Right to remuneration for time off under Article 8385Complaints to industrial tribunalsAnte-natal care: agency workers85ZARight to time off for ante-natal care (agency workers)85ZBRight to remuneration for time off under Article 85ZA85ZCComplaints to industrial tribunals: agency workers85ZDAgency workers: supplementaryDependants85ATime off for dependants85BComplaint to industrial tribunalOccupational pension scheme trustees86Right to time off for pension scheme trustees87Right to payment for time off under Article 8688Complaints to industrial tribunalsEmployee representatives89Right to time off for employee representatives90Right to remuneration for time off under Article 8991Complaints to industrial tribunalsStudy or training91ARight to time off for young person for study or training91BRight to remuneration for time off under Article 91A91CComplaints to industrial tribunalsTrade union duties and activities92Right to time off for carrying out trade union duties92ATime off for union learning representatives93Right to remuneration for time off under Article 9294Right to time off for trade union activities95Complaints to industrial tribunalsPART VIIISUSPENSION FROM WORKSuspension on medical grounds96Right to remuneration on suspension on medical grounds97Exclusions from right to remunerationSuspension on maternity grounds98Meaning of suspension on maternity grounds99Right to offer of alternative work100Right to remunerationEnding the supply of an agency worker on maternity grounds100AMeaning of ending the supply of an agency worker on maternity grounds100BRight to offer of alternative work100CRight to remuneration100DAgency workers: supplementaryGeneral101Calculation of remuneration101ACalculation of remuneration (agency workers)102Complaints to industrial tribunals102AComplaints to industrial tribunals: agency workersPART IXCHAPTER IMATERNITY LEAVE103Ordinary maternity leave104Compulsory maternity leave105Additional maternity leave106Redundancy and dismissal107Articles 103 to 105: supplementalCHAPTER IAADOPTION LEAVE107AOrdinary adoption leave107BAdditional adoption leave107CRedundancy and dismissal107DChapter IA: supplementalCHAPTER IIPARENTAL LEAVE108Entitlement to parental leave109Rights during and after parental leave110Special cases111Supplemental112Complaint to industrial tribunalCHAPTER IIIPATERNITY LEAVE112AEntitlement to paternity leave: birth112AAEntitlement to additional paternity leave: birth112BEntitlement to paternity leave: adoption112BBEntitlement to additional paternity leave: adoption112CRights during and after paternity leave112DSpecial cases112EChapter III: supplementalPART IXAFLEXIBLE WORKING112FStatutory right to request contract variation112GEmployer's duties in relation to application under Artice 112F112HComplaints to industrial tribunals112IRemediesPART XTERMINATION OF EMPLOYMENTMinimum period of notice118Rights of employer and employee to minimum notice119Rights of employee in period of notice120Employments with normal working hours121Employments without normal working hours122Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit123SupplementaryWritten statement of reasons for dismissal124Right to written statement of reasons for dismissal125Complaints to industrial tribunalPART XIUNFAIR DISMISSALCHAPTER IRIGHT NOT TO BE UNFAIRLY DISMISSEDThe right126The rightDismissal127Circumstances in which an employee is dismissedArt. 128 rep. by 1999 NI 9 129Effective date of terminationFairness130GeneralRetirement130ZANo normal retirement age: dismissal before 65130ZBNo normal retirement age: dismissal at or after 65130ZCNormal retirement age: dismissal before retirement age130ZDNormal retirement age 65 or higher: dismissal at or after retirement age130ZENormal retirement age below 65: dismissal at or after retirement age130ZFReason for dismissal: particular matters130ZGRetirement dismissals: fairness130ZHInterpretationOther Dismissals130AProcedural fairness130BJury service131Leave for family reasons132Health and safety cases132AWorking time cases133Trustees of occupational pension schemes134Employee representatives134AProtected disclosure135Assertion of statutory right135AThe national minimum wage135BTax credit135CFlexible working135DPension enrolment136Trade union membership or activities137Redundancy138Replacements139Pressure on employer to dismiss unfairlyExclusion of right140Qualifying period of employment141Upper age limit142Dismissal procedures agreements143Dismissal of those taking part in unofficial industrial action144Dismissals in connection with other industrial action144AParticipation in official industrial action144BConciliation and mediation: supplementary provisionsCHAPTER IIREMEDIES FOR UNFAIR DISMISSALIntroductory145Complaints to industrial tribunal146The remedies: orders and compensationOrders for reinstatement or re-engagement147The orders148Order for reinstatement149Order for re-engagement150Choice of order and its terms151Enforcement of order and compensationCompensation152General153Basic award154Basic award: minimum in certain cases155Basic award of two weeks' pay in certain cases156Basic award: reductions157Compensatory award158Limit of compensatory award etc.158AAdjustments under the Employment (Northern Ireland) Order 2003Art. 159 rep. by 1999 NI 9 160Acts which are both unfair dismissal and discrimination161Matters to be disregarded in assessing contributory faultArt. 162 rep. by 1999 NI 9 Art. 162A rep. by 2003 NI 15 Art. 162B rep. by 1999 NI 9 Interim relief163Interim relief pending determination of complaint164Procedure on hearing of application and making of order165Order for continuation of contract of employment166Application for variation or revocation of order167Consequence of failure to comply with orderCHAPTER IIISUPPLEMENTARY168Death of employer or employee169Awards against third parties169AApplication to policePART XIIREDUNDANCY PAYMENTS ETC.CHAPTER IRIGHT TO REDUNDANCY PAYMENT170The rightCHAPTER IIRIGHT ON DISMISSAL BY REASON OF REDUNDANCYDismissal by reason of redundancy171Circumstances in which an employee is dismissed173No dismissal in cases of renewal of contract or re-engagement174RedundancyExclusions175Summary dismissal176Renewal of contract or re-engagement177Employee anticipating expiry of employer's notice178Strike during currency of employer's notice179Provisions supplementary to Article 178Supplementary180The relevant date181Provisions supplementing Articles 173 and 176CHAPTER IIIRIGHT BY REASON OF LAY-OFF OR SHORT-TIMELay-off and short-time182Meaning of “lay-off” and “short-time”183Eligibility by reason of lay-off or short-timeExclusions184Counter-notices185Resignation186Dismissal187Likelihood of full employmentSupplementary188The relevant date189Provisions supplementing Articles 183 and 187CHAPTER IVGENERAL EXCLUSIONS FROM RIGHT190Qualifying period of employment191Upper age limit192Exemption orders193Pension rights194Public offices etc.195Overseas government employment196Domestic servantsCHAPTER VOTHER PROVISIONS ABOUT REDUNDANCY PAYMENTS197Amount of a redundancy payment198References to industrial tribunals199Claims for redundancy payment200Written particulars of redundancy paymentCHAPTER VIPAYMENTS BY DEPARTMENT201Applications for payments202Making of payments203Amount of payments204Information relating to applications for payments205References to industrial tribunalsCHAPTER VIISUPPLEMENTARYApplication of Part to particular cases206Employment not under contract of employment207Termination of employment by statute208Employees paid by person other than employerDeath of employer or employee209Death of employer: dismissal210Death of employer: lay-off and short-time211Death of employeeEquivalent payments212References to industrial tribunalsOther supplementary provisions213Old statutory compensation schemes214Notices215InterpretationPART XIIIPROCEDURE FOR HANDLING REDUNDANCIESDuty of employer to consult representatives of employees216Duty of employer to consult representatives of employees216AElection of employee representatives217Complaint and protective award218Entitlement under protective award219Termination of employment during protected period220Complaint by employee to industrial tribunalDuty of employer to notify Department221Duty of employer to notify Department of certain redundancies222Offence of failure to notifySupplementary provisions223Construction of references to dismissal as redundant etc.224Construction of references to representatives225Power to vary provisions226Power to adapt provisions in case of collective agreementPART XIVINSOLVENCY OF EMPLOYERS227Employee's rights on insolvency of employer228Insolvency229Debts to which Part applies230The appropriate date231Limit on amount payable under Article 227232Role of relevant officer233Complaints to industrial tribunals234Transfer to Department of rights and remedies235Power to obtain informationPART XVMISCELLANEOUSCHAPTER IPARTICULAR TYPES OF EMPLOYMENTCrown employment etc.236Crown employment237Armed forces238National securityExcluded classes of employment239Employment outside Northern IrelandArt. 240 rep. by SR 2002/298 241Short-term employment242Mariners243Police officersCHAPTER IIOTHER MISCELLANEOUS MATTERSRestrictions on disclosure of information244National security etc.Contracting out etc. and remedies245Restrictions on contracting out246Law governing employment247Remedy for infringement of certain rightsGeneral provisions about death of employer or employee248Institution or continuance of tribunal proceedings249Rights and liabilities accruing after death249ATime limits in relation to certain mediated cross-border disputesModifications of Order250Powers to amend OrderPART XVIGENERAL AND SUPPLEMENTARYGeneral251Orders and regulations252Financial provisionsReciprocal arrangements253Reciprocal arrangements with Great Britain254Reciprocal arrangements with Isle of ManFinal provisionsArticle 255—Amendments 256Transitionals, savings and transitory provisions257Repeals and revocationsSCHEDULESSchedule 1—AmendmentsSCHEDULE 2TRANSITIONAL PROVISIONS, SAVINGS AND TRANSITORY PROVISIONSPART ITRANSITIONAL PROVISIONS AND SAVINGSGeneral transitionals and savings1The substitution of this Order for the provisions repealed or revoked by this Order does...2(1) Anything done, or having effect as done, (including the making of subordinate legislation) under...3Any reference (express or implied) in this Order or any other statutory provision, or in...4(1) Any reference (express or implied) in any statutory provision, or in any instrument or...5Paragraphs 1 to 4 have effect in place of section 29 of the Interpretation Act...Preservation of old transitionals and savings6(1) The repeal by this Order of a statutory provision previously repealed subject to savings...Employment particulars7(1) In this paragraph “existing employee” means an employee whose employment with his employer began...Monetary limits in old cases8In relation to any case in which (but for this Order) a limit lower than...Periods of employment9(1) The reference in Article 11(2)(b) to a person being an employed earner for the...10(1) Subject to paragraph 9 and sub-paragraph (2), Chapter III of Part I applies to...PART IITRANSITORY PROVISIONSOccupational pension scheme trustees11(1) If Articles 42 to 46 of the Pensions (Northern Ireland) Order 1995 have not...Armed forces12(1) If Article 10 of the Industrial Relations (Northern Ireland) Order 1993 has not come...Para. 13 rep. by 1998 NI 8Para. 13 rep. by 1998 NI 8Schedule 3—RepealsStatutory Instruments1996 No. 1919 (N.I. 16)The Employment Rights (Northern Ireland) Order 1996 F123rd July 1996