The Employment Rights (Northern Ireland) Order 1996
PART IINTRODUCTORY AND INTERPRETATION
CHAPTER ICITATION AND COMMENCEMENT
1Citation and commencement
CHAPTER IIINTERPRETATION – GENERAL
2Interpretation – general
3Employees, workers
4Associated employers
5Normal working hours
CHAPTER IIICONTINUOUS EMPLOYMENT
6Introductory
7Period of continuous employment
8Weeks counting in computing period
9Intervals in employment
10Special provisions for redundancy payments
11Employment abroad etc.
12Industrial disputes
13Reinstatement after military service
14Change of employer
15Reinstatement or re-engagement of dismissed employee
CHAPTER IVA WEEK'S PAY
Introductory
16Introductory
Employments with normal working hours
17General
18Remuneration varying according to time of work
19Supplementary
Employments with no normal working hours
20Employments with no normal working hours
The calculation date
21Rights during employment
22Rights on termination
Maximum amount of week's pay
23Maximum amount
Miscellaneous
24New employments and other special cases
25Supplementary
PART IIACCESS TO EMPLOYMENT
26Refusal of employment on grounds related to union membership
27Refusal of service of employment agency on grounds related to union membership
28Complaints to industrial tribunal
29Determination of complaints
30Complaint against employer and employment agency
31Awards against third parties
32Interpretation and other supplementary provisions
PART IIIEMPLOYMENT PARTICULARS
Right to statements of employment particulars
33Statement of initial employment particulars
34Statement of initial particulars: supplementary
35Note about disciplinary procedures and pensions
36Statement of changes
37Exclusion from rights to statements
38Reasonably accessible document or collective agreement
39Power of Department to require particulars of further matters
39AUse of alternative documents to give particulars
39BGiving of alternative documents before start of employment
Right to itemised pay statement
40Itemised pay statement
41Standing statement of fixed deductions
42Power to amend provisions about pay and standing statements
Enforcement
43References to industrial tribunals
44Determination of references
PART IVPROTECTION OF WAGES
Deductions by employer
45Right not to suffer unauthorised deductions
46Excepted deductions
Payments to employer
47Right not to have to make payments to employer
48Excepted payments
Cash shortages and stock deficiencies in retail employment
49Introductory
50Limits on amount and time of deductions
51Wages determined by reference to shortages etc.
52Limits on method and timing of payments
53Limit on amount of payments
54Final instalments of wages
Enforcement
55Complaints to industrial tribunals
56Determination of complaints
57Determinations: supplementary
58Complaints and other remedies
Supplementary
59Meaning of “wages” etc.
PART IVAZERO HOURS WORKERS
59AZero hours workers
PART VGUARANTEE PAYMENTS
60Right to guarantee payment
61Exclusions from right to guarantee payment
62Calculation of guarantee payment
63Limits on amount of and entitlement to guarantee payment
64Contractual remuneration
65Power to modify provisions about guarantee payments
66Complaints to industrial tribunals
67Exemption orders
PART VAPROTECTED DISCLOSURES
67AMeaning of “protected disclosure”
67BDisclosures qualifying for protection
67CDisclosure to employer or other responsible person
67DDisclosure to legal adviser
67EDisclosure to Minister of the Crown or a Northern Ireland department
67FDisclosure to prescribed person
67FAPrescribed persons: duty to report on disclosure of information
67GDisclosure in other cases
67HDisclosure of exceptionally serious failure
67JContractual duties of confidentiality
67KExtension of meaning of “worker” etc. for Part VA
67KAApplication of Part VA and related provisions to police
67LOther interpretative provisions
PART VIPROTECTION FROM SUFFERING DETRIMENT ETC. IN EMPLOYMENT
CHAPTER IRIGHTS NOT TO SUFFER DETRIMENT
67MJury service
68Health and safety cases
68AWorking time cases
69Trustees of occupational pension schemes
70Employee representatives
70AEmployees exercising right to time off work for study or training
70BProtected disclosures
70CLeave for family and domestic reasons
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70E Flexible working
71Complaints to industrial tribunals
72Remedies
72AApplication to police of Article 68 and related provisions
CHAPTER IIDETRIMENT
73Detriment on grounds related to union membership or activities
74Complaints to industrial tribunal
75Consideration of complaint
76Remedies
77Awards against third parties
CHAPTER IIIINDUCEMENTS
77AInducements relating to union membership or activities
77BInducements relating to collective bargaining
77CTime limit for proceedings
77DConsideration of complaint
77ERemedies
77FInterpretation and other supplementary provisions
PART VIITIME OFF WORK
Public duties
78Right to time off for public duties
79Complaints to industrial tribunals
Looking for work and making arrangements for training
80Right to time off to look for work or arrange training
81Right to remuneration for time off under Article 80
82Complaints to industrial tribunals
Ante-natal care
83Right to time off for ante-natal care
84Right to remuneration for time off under Article 83
85Complaints to industrial tribunals
Ante-natal care: agency workers
85ZARight to time off for ante-natal care (agency workers)
85ZBRight to remuneration for time off under Article 85ZA
85ZCComplaints to industrial tribunals: agency workers
85ZDAgency workers: supplementary
Accompanying to ante-natal appointments
85ZERight to time off to accompany to ante-natal appointments
85ZFComplaint to industrial tribunal
Accompanying to ante-natal appointments: agency workers
85ZGRight to time off to accompany to ante-natal appointments: agency workers
85ZHComplaint to industrial tribunal: agency workers
85ZIAgency workers: supplementary
Adoption appointments
85ZJRight to paid time off to attend adoption appointments
85ZKRight to remuneration for time off under Article 85ZJ
85ZLRight to unpaid time off to attend adoption appointments
85ZMComplaint to industrial tribunal
Adoption appointments: agency workers
85ZNRight to paid time off to attend adoption appointments: agency workers
85ZORight to remuneration for time off under Article 85ZN
85ZPRight to unpaid time off to attend adoption appointments: agency workers
85ZQComplaint to industrial tribunal: agency workers
85ZRAgency workers: supplementary
85ZSEntitlement: prospective adopters with whom looked after children are placed
Dependants
85ATime off for dependants
85BComplaint to industrial tribunal
Occupational pension scheme trustees
86Right to time off for pension scheme trustees
87Right to payment for time off under Article 86
88Complaints to industrial tribunals
Employee representatives
89Right to time off for employee representatives
90Right to remuneration for time off under Article 89
91Complaints to industrial tribunals
Study or training
91ARight to time off for young person for study or training
91BRight to remuneration for time off under Article 91A
91CComplaints to industrial tribunals
Trade union duties and activities
92Right to time off for carrying out trade union duties
92ATime off for union learning representatives
93Right to remuneration for time off under Article 92
94Right to time off for trade union activities
95Complaints to industrial tribunals
PART VIIISUSPENSION FROM WORK
Suspension on medical grounds
96Right to remuneration on suspension on medical grounds
97Exclusions from right to remuneration
Suspension on maternity grounds
98Meaning of suspension on maternity grounds
99Right to offer of alternative work
100Right to remuneration
Ending the supply of an agency worker on maternity grounds
100AMeaning of ending the supply of an agency worker on maternity grounds
100BRight to offer of alternative work
100CRight to remuneration
100DAgency workers: supplementary
General
101Calculation of remuneration
101ACalculation of remuneration (agency workers)
102Complaints to industrial tribunals
102AComplaints to industrial tribunals: agency workers
PART IX
CHAPTER IMATERNITY LEAVE
103Ordinary maternity leave
104Compulsory maternity leave
105Additional maternity leave
106Redundancy and dismissal
107Articles 103 to 105: supplemental
CHAPTER IAADOPTION LEAVE
107AOrdinary adoption leave
107ABOrdinary adoption leave: prospective adopters with whom looked after children are placed
107ACPower to apply Article 107A to other cases
107BAdditional adoption leave
107BAPower to apply Article 107B to other cases
107CRedundancy and dismissal
107DChapter IA: supplemental
CHAPTER 1BSHARED PARENTAL LEAVE
107EEntitlement to shared parental leave: birth
107FEntitlement to leave under Article 107E: further provision
107GEntitlement to shared parental leave: adoption
107HEntitlement to shared parental leave: prospective adopters with whom looked after children are placed
107IRegulations under Article 107G: further provision
107JPower to apply Articles 107G and 107I to other cases
107KRights during and after shared parental leave
107LRedundancy and dismissal
107MChapter 1B: supplemental
CHAPTER IIPARENTAL LEAVE
108Entitlement to parental leave
109Rights during and after parental leave
110Special cases
111Supplemental
112Complaint to industrial tribunal
CHAPTER IIIPATERNITY LEAVE
112AEntitlement to paternity leave : birth
112AAEntitlement to additional paternity leave: birth
112BEntitlement to paternity leave : adoption
112BAEntitlement to paternity leave: prospective adopters with whom looked after children are placed
112BAAPower to apply Article 112B to other cases
112BBEntitlement to additional paternity leave: adoption
112CRights during and after paternity leave
112DSpecial cases
112EChapter III: supplemental
CHAPTER 4PARENTAL BEREAVEMENT LEAVE
112EAParental bereavement leave
112EBRights during and after bereavement leave
112ECSpecial cases
112EDChapter 4: supplemental
112EEApplication in relation to stillbirths
112EF⁠Application in relation to miscarriage
PART IXAFLEXIBLE WORKING
112FStatutory right to request contract variation
112GEmployer's duties in relation to application under Artice 112F
112HComplaints to industrial tribunals
112IRemedies
PART XTERMINATION OF EMPLOYMENT
Minimum period of notice
118Rights of employer and employee to minimum notice
119Rights of employee in period of notice
120Employments with normal working hours
121Employments without normal working hours
122Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit
123Supplementary
Written statement of reasons for dismissal
124Right to written statement of reasons for dismissal
125Complaints to industrial tribunal
PART XIUNFAIR DISMISSAL
CHAPTER IRIGHT NOT TO BE UNFAIRLY DISMISSED
The right
126The right
Dismissal
127Circumstances in which an employee is dismissed
Art. 128 rep. by 1999 NI 9
129Effective date of termination
Fairness
130General
Retirement
130ZANo normal retirement age: dismissal before 65
130ZBNo normal retirement age: dismissal at or after 65
130ZCNormal retirement age: dismissal before retirement age
130ZDNormal retirement age 65 or higher: dismissal at or after retirement age
130ZENormal retirement age below 65: dismissal at or after retirement age
130ZFReason for dismissal: particular matters
130ZGRetirement dismissals: fairness
130ZHInterpretation
Other Dismissals
130AProcedural fairness
130BJury service
131Leave for family reasons
132Health and safety cases
132AWorking time cases
133Trustees of occupational pension schemes
134Employee representatives
134AProtected disclosure
135Assertion of statutory right
135AThe national minimum wage
135BTax credit
135CFlexible working
135DPension enrolment
135FBlacklists
136Trade union membership or activities
137Redundancy
138Replacements
139Pressure on employer to dismiss unfairly
Exclusion of right
140Qualifying period of employment
141Upper age limit
142Dismissal procedures agreements
143Dismissal of those taking part in unofficial industrial action
144Dismissals in connection with other industrial action
144AParticipation in official industrial action
144BConciliation and mediation: supplementary provisions
CHAPTER IIREMEDIES FOR UNFAIR DISMISSAL
Introductory
145Complaints to industrial tribunal
146The remedies: orders and compensation
Orders for reinstatement or re-engagement
147The orders
148Order for reinstatement
149Order for re-engagement
150Choice of order and its terms
151Enforcement of order and compensation
Compensation
152General
153Basic award
154Basic award: minimum in certain cases
155Basic award of two weeks' pay in certain cases
156Basic award: reductions
157Compensatory award
158Limit of compensatory award etc.
158AAdjustments under the Employment (Northern Ireland) Order 2003
Art. 159 rep. by 1999 NI 9
160Acts which are both unfair dismissal and discrimination
161Matters to be disregarded in assessing contributory fault
Art. 162 rep. by 1999 NI 9
Art. 162A rep. by 2003 NI 15
Art. 162B rep. by 1999 NI 9
Interim relief
163Interim relief pending determination of complaint
164Procedure on hearing of application and making of order
165Order for continuation of contract of employment
166Application for variation or revocation of order
167Consequence of failure to comply with order
CHAPTER IIISUPPLEMENTARY
168Death of employer or employee
169Awards against third parties
169AApplication to police
PART XIIREDUNDANCY PAYMENTS ETC.
CHAPTER IRIGHT TO REDUNDANCY PAYMENT
170The right
CHAPTER IIRIGHT ON DISMISSAL BY REASON OF REDUNDANCY
Dismissal by reason of redundancy
171Circumstances in which an employee is dismissed
Art. 172 rep. by 1999 NI 9
173No dismissal in cases of renewal of contract or re-engagement
174Redundancy
Exclusions
175Summary dismissal
176Renewal of contract or re-engagement
177Employee anticipating expiry of employer's notice
178Strike during currency of employer's notice
179Provisions supplementary to Article 178
Supplementary
180The relevant date
181Provisions supplementing Articles 173 and 176
CHAPTER IIIRIGHT BY REASON OF LAY-OFF OR SHORT-TIME
Lay-off and short-time
182Meaning of “lay-off” and “short-time”
183Eligibility by reason of lay-off or short-time
Exclusions
184Counter-notices
185Resignation
186Dismissal
187Likelihood of full employment
Supplementary
188The relevant date
189Provisions supplementing Articles 183 and 187
CHAPTER IVGENERAL EXCLUSIONS FROM RIGHT
190Qualifying period of employment
191Upper age limit
192Exemption orders
193Pension rights
194Public offices etc.
195Overseas government employment
196Domestic servants
CHAPTER VOTHER PROVISIONS ABOUT REDUNDANCY PAYMENTS
197Amount of a redundancy payment
198References to industrial tribunals
199Claims for redundancy payment
200Written particulars of redundancy payment
CHAPTER VIPAYMENTS BY DEPARTMENT
201Applications for payments
202Making of payments
203Amount of payments
204Information relating to applications for payments
205References to industrial tribunals
CHAPTER VIISUPPLEMENTARY
Application of Part to particular cases
206Employment not under contract of employment
207Termination of employment by statute
208Employees paid by person other than employer
Death of employer or employee
209Death of employer: dismissal
210Death of employer: lay-off and short-time
211Death of employee
Equivalent payments
212References to industrial tribunals
Other supplementary provisions
213Old statutory compensation schemes
214Notices
215Interpretation
PART XIIIPROCEDURE FOR HANDLING REDUNDANCIES
Duty of employer to consult representatives of employees
216Duty of employer to consult representatives of employees
216AElection of employee representatives
217Complaint and protective award
218Entitlement under protective award
219Termination of employment during protected period
220Complaint by employee to industrial tribunal
Duty of employer to notify Department
221Duty of employer to notify Department of certain redundancies
221ADuty of employer to notify competent authority of a vessel’s flag State of certain redundancies
222Offence of failure to notify
Supplementary provisions
223Construction of references to dismissal as redundant etc.
224Construction of references to representatives
225Power to vary provisions
226Power to adapt provisions in case of collective agreement
PART XIVINSOLVENCY OF EMPLOYERS
227Employee's rights on insolvency of employer
228Insolvency
229Debts to which Part applies
230The appropriate date
231Limit on amount payable under Article 227
232Role of relevant officer
233Complaints to industrial tribunals
234Transfer to Department of rights and remedies
235Power to obtain information
PART XVMISCELLANEOUS
CHAPTER IPARTICULAR TYPES OF EMPLOYMENT
Crown employment etc.
236Crown employment
237Armed forces
238National security
Excluded classes of employment
239Employment outside Northern Ireland
Art. 240 rep. by SR 2002/298
241Short-term employment
242Mariners
243Police officers
CHAPTER IIOTHER MISCELLANEOUS MATTERS
Restrictions on disclosure of information
244National security etc.
Contracting out etc. and remedies
245Restrictions on contracting out
246Law governing employment
247Remedy for infringement of certain rights
General provisions about death of employer or employee
248Institution or continuance of tribunal proceedings
249Rights and liabilities accruing after death
249ATime limits in relation to certain mediated cross-border disputes
Extension of certain time limits
249BExtension of time limits to facilitate conciliation before institution of proceedings
Modifications of Order
250Powers to amend Order
PART XVIGENERAL AND SUPPLEMENTARY
General
251Orders and regulations
252Financial provisions
Reciprocal arrangements
253Reciprocal arrangements with Great Britain
254Reciprocal arrangements with Isle of Man
Final provisions
Article 255—Amendments
256Transitionals, savings and transitory provisions
257Repeals and revocations
SCHEDULES
Schedule 1—Amendments
SCHEDULE 2TRANSITIONAL PROVISIONS, SAVINGS AND TRANSITORY PROVISIONS
PART ITRANSITIONAL PROVISIONS AND SAVINGS
General transitionals and savings
1The 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 savings
6(1) The repeal by this Order of a statutory provision previously repealed subject to savings...
Employment particulars
7(1) In this paragraph “existing employee” means an employee whose employment with his employer began...
Monetary limits in old cases
8In relation to any case in which (but for this Order) a limit lower than...
Periods of employment
9(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 PROVISIONS
Occupational pension scheme trustees
11(1) If Articles 42 to 46 of the Pensions (Northern Ireland) Order 1995 have not...
Armed forces
12(1) If Article 10 of the Industrial Relations (Northern Ireland) Order 1993 has not come...
Para. 13 rep. by 1998 NI 8
Para. 13 rep. by 1998 NI 8
Schedule 3—Repeals

1996 No. 1919 (N.I. 16)

C8

The Employment Rights (Northern Ireland) Order 1996 F1C5C6C7C8

Annotations:
Amendments (Textual)
F1

functions transfered SR 1999/481

Modifications etc. (not altering text)
C4

Order applied (with modifications) (8.2.2011 with application as mentioned in reg. 27(a) of the amending regulations) by Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), regs. 1, 27, Sch. 6 Pt. 1