- Latest available (Revised)
- Point in Time (08/03/2013)
- Original (As made)
Version Superseded: 17/03/2014
Point in time view as at 08/03/2013.
The Employment Rights (Northern Ireland) Order 1996, CHAPTER I is up to date with all changes known to be in force on or before 04 September 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 and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
67M.—(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer on the ground that the employee—
(a)has been summoned under the Juries (Northern Ireland) Order [F21996] (NI 6) or the Coroners (Northern Ireland) Act 1959 (c.15) to attend for service as a juror, or
(b)has been absent from work because he attended at any place in pursuance of being so summoned.
(2) This Article does not apply where the detriment in question amounts to dismissal within the meaning of Part XI.
(3) For the purposes of this Article, an employee is not to be regarded as having been subjected to a detriment by a failure to pay remuneration in respect of a relevant period unless under his contract of employment he is entitled to be paid that remuneration.
(4) In paragraph (3) “a relevant period” means any period during which the employee is absent from work because of his attendance at any place in pursuance of being summoned as mentioned in paragraph (1)(a).]
F2Word in art. 67M(1)(a) substituted (3.8.2010) by Employment Act (Northern Ireland) 2010 (c. 12), ss. 7(1), 8(2), Sch. 1 para. 6(1)
68.—(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that—
(a)having been designated by the employer to carry out activities in connection with preventing or reducing risks to health and safety at work, the employee carried out (or proposed to carry out) any such activities,
(b)being a representative of workers on matters of health and safety at work or member of a safety committee—
(i)in accordance with arrangements established under or by virtue of any statutory provision, or
(ii)by reason of being acknowledged as such by the employer,
the employee performed (or proposed to perform) any functions as such a representative or a member of such a committee,
[F3(ba)the employee took part (or proposed to take part) in consultation with the employer pursuant to the Health and Safety (Consultation with Employees) Regulations (Northern Ireland) 1996 or in an election of representatives of employee safety within the meaning of those Regulations (whether as a candidate or otherwise),]
(c)being an employee at a place where—
(i)there was no such representative or safety committee, or
(ii)there was such a representative or safety committee but it was not reasonably practicable for the employee to raise the matter by those means,
he brought to his employer's attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety,
(d)in circumstances of danger which the employee reasonably believed to be serious and imminent and which he could not reasonably have been expected to avert, he left (or proposed to leave) or (while the danger persisted) refused to return to, his place of work or any dangerous part of his place of work, or
(e)in circumstances of danger which the employee reasonably believed to be serious and imminent, he took (or proposed to take) appropriate steps to protect himself or other persons from the danger.
(2) For the purposes of paragraph (1)(e) whether steps which an employee took (or proposed to take) were appropriate is to be judged by reference to all the circumstances including, in particular, his knowledge and the facilities and advice available to him at the time.
(3) An employee is not to be regarded as having been subjected to any detriment on the ground specified in paragraph (1)(e) if the employer shows that it was (or would have been) so negligent for the employee to take the steps which he took (or proposed to take) that a reasonable employer might have treated him as the employer did.
(4) F4. . . this Article does not apply where the detriment in question amounts to dismissal (within the meaning of[F4 Part XI]).
68A.—(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker-
(a)refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of the Working Time Regulations (Northern Ireland) 1998,
(b)refused (or proposed to refuse) to forgo a right conferred on him by those Regulations,
(c)failed to sign a workforce agreement for the purposes of those Regulations, or to enter into, or agree to vary or extend, any other agreement with his employer which is provided for in those Regulations,
(d)being—
(i)a representative of members of the workforce for the purposes of Schedule 1 to those Regulations, or
(ii)a candidate in an election in which any person elected will, on being elected, be such a representative,
performed (or proposed to perform) any functions or activities as such a representative or candidate,
(e)brought proceedings against the employer to enforce a right conferred on him by those Regulations, or
(f)alleged that the employer had infringed such a right.
(2) It is immaterial for the purposes of paragraph (1)(e) or (f)—
(a)whether or not the worker has the right, or
(b)whether or not the right has been infringed,
but, for those provisions to apply, the claim to the right and that it has been infringed must be made in good faith.
(3) It is sufficient for paragraph (1)(f) to apply that the worker, without specifying the right, made it reasonably clear to the employer what the right claimed to have been infringed was.
(4) This Article does not apply where a worker is an employee and the detriment in question amounts to dismissal within the meaning of Part XIF6. . . .
[F7(5) A reference in this Article to the Working Time Regulations (Northern Ireland) 1998 includes a reference to
(a)]the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.
[F8(b)the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 [F9; and
(c)the Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008.]]]
F5SR 1998/386
F7SI 2003/3049
F8SI 2004/1713
F9Art. 68A(5)(c) and preceding word inserted (1.10.2008) by Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008 (S.R. 2008/315), reg. 19, Sch. 3 para. 2(2)
69.—(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that, being a trustee of a relevant occupational pension scheme which relates to his employment, the employee performed (or proposed to perform) any functions as such a trustee.
(2) F10. . . this Article does not apply where the detriment in question amounts to dismissal (within the meaning of[F10 Part XI]).
[F11(2A) This Article applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).]
(3) In this Article “relevant occupational pension scheme” means an occupational pension scheme (as defined in section 1 of the [1993 c. 49.] Pension Schemes (Northern Ireland) Act 1993) established under a trust.
70.—(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that, being—
(a)an employee representative for the purposes of Part XIII of this Order or[F12regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006][F13 or regulations 9, 13 and 15 of the Service Provision Change (Protection of Employment) Regulations 2006], or
(b)a candidate in an election in which any person elected will, on being elected, be such an employee representative,
he performed (or proposed to perform) any functions or activities as such an employee representative or candidate.
[F14(1A) An employee has the right not to be subjected to any detriment by any act, or by any deliberate failure to act, by his employer done on the ground of his participation in an election of employee representatives for the purposes of Part XIII of this Order or [F15regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006][F16or regulations 9, 13 and 15 of the Service Provision Change (Protection of Employment) Regulations 2006] .]
(2) F17. . . this Article does not apply where the detriment in question amounts to a dismissal (within the meaning of[F17 Part XI]).
F12Words in art. 70(1)(a) substituted (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 20(3), Sch. 2 para. 11(a) (with reg. 21(1), Sch. 1 para. 3)
F13Words in art. 70(1)(a) inserted (6.4.2006) by Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), reg. 20(1), Sch. 1 para. 2(a)
F14SR 1999/432
F15Words in art. 70(1A) substituted (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 20(3), Sch. 2 para. 11(a) (with reg. 21(1), Sch. 1 para. 3)
F16Words in art. 70(1A) inserted (6.4.2006) by Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), reg. 20(1), Sch. 1 para. 2(a)
70A.—(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer or the principal (within the meaning of Article 91A(3)) done on the ground that, being a person entitled to—
(a)time off under Article 91A(1) or (3), and
(b)remuneration under Article 91B(1) in respect of that time taken off,
the employee exercised (or proposed to exercise) that right or received (or sought to receive) such remuneration.
(2) F19. . . this Article does not apply where the detriment in question amounts to dismissal (within the meaning of[F19 Part XI]).]
70B.—(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.
(2) F21. . . this Article does not apply where—
(a)the worker is an employee, and
(b)the detriment in question amounts to dismissal (within the meaning of[F21 Part XI]).
(3) For the purposes of this Article, and of Articles 71 and 72 so far as relating to this Article, “worker”, “worker's contract”, “employment” and “employer” have the extended meaning given by Article 67K.]
70C.—(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done for a prescribed reason.
(2) A prescribed reason is one which is prescribed by regulations made by the Department and which relates to—
(a)pregnancy, childbirth or maternity,
(b)ordinary, compulsory or additional maternity leave,
[F23(ba)ordinary or additional adoption leave,]
(c)parental leave,
[F24(ca)ordinary or additional paternity leave, or]
(d)time off under Article 85A.
(3) A reason prescribed under this Article in relation to parental leave may relate to action which an employee takes, agrees to take or refuses to take under or in respect of a collective or workforce agreement.]
F24Art. 70C(2)(ca) substituted (9.9.2010) by Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), arts. 1(3), 13(1), Sch. 1 para. 29; S.R. 2010/295, art. 2(b)(c)
F25prosp. in pt. inserted by 2002 c. 21 for the purpose of rights conferred on employees by virtue of regulations under s. 25
[F2770E.]—(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the employee—
(a)made (or proposed to make) an application under Article 112F,
(b)exercised (or proposed to exercise) a right conferred on him under Article 112G,
(c)brought proceedings against the employer under Article 112H, or
(d)alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.
(2) This Article does not apply where the detriment in question amounts to dismissal within the meaning of Part XI.]
71.—(1) An employee may present a complaint to an industrial tribunal that he has been subjected to a detriment in contravention of Article[F28 67M,] 68,[F29 69, 70[F30,70A[F31, 70C or[F32 70E]]]].
[F33(1ZA) A worker may present a complaint to an industrial tribunal that he has been subjected to a detriment in contravention of Article 68A.]
[F34(1A) A worker may present a complaint to an industrial tribunal that he has been subjected to a detriment in contravention of Article 70B.]
[F35(1B) A person may present a complaint to an industrial tribunal that he has been subjected to a detriment in contravention of Article 70D.]
(2) [F34On a complaint under this Article] it is for the employer to show the ground on which any act, or deliberate failure to act, was done.
(3) An industrial tribunal shall not consider a complaint under this Article unless it is presented—
(a)before the end of the period of three months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them, 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 complaint to be presented before the end of that period of three months.
(4) For the purposes of paragraph (3)—
(a)where an act extends over a period, the “date of the act” means the last day of that period, and
(b)a deliberate failure to act shall be treated as done when it was decided on;
and, in the absence of evidence establishing the contrary, an employer shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.
[F29(5) In this Article and Article 72 any reference to the employer includes, where a person complains that he has been subjected to a dertiment in contravention of Article 70A, the principal (within the meaning of Article 91A(3)).]
F33SR 1998/386
F35Art. 71(1B) inserted (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 27, 61, Sch. 1 para. 2(3); S.I. 2002/1727, art. 2
Modifications etc. (not altering text)
C1Art. 71 applied (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 51, Sch. 5 para. 13(3) (with reg. 50)
C2Art. 71(2)-(4) applied (6.4.2006) by Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (S.R. 2006/48), reg. 17, Sch. para. 8(2)
C3Art. 71(2)-(14) applied (18.8.2006) by virtue of European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 2, 34(2), Sch. 3 para. 22
C4Art. 71(2)-(4) applied (with modifications) (1.10.2009) by European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402), reg. 32(2) (with reg. 39)
C5Art. 71(2)-(4) applied (with modifications) (30.6.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 56, 118(1) (with s. 73); S.R. 2012/266, art. 2(b), Sch. Pt. 2
72.—(1) Where an industrial tribunal finds a complaint under Article 71 well-founded, the tribunal—
(a)shall make a declaration to that effect, and
(b)may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure to act to which the complaint relates.
(2) [F36Subject to[F37 paragraphs (5A) and (6)],] the amount of the compensation awarded shall be such as the tribunal considers just and equitable in all the circumstances having regard to—
(a)the infringement to which the complaint relates, and
(b)any loss which is attributable to the act, or failure to act, which infringed the complainant's right.
(3) The loss shall be taken to include—
(a)any expenses reasonably incurred by the complainant in consequence of the act, or failure to act, to which the complaint relates, and
(b)loss of any benefit which he might reasonably be expected to have had but for that act or failure to act.
(4) In ascertaining the loss the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of Northern Ireland.
(5) Where the tribunal finds that the act, or failure to act, to which the complaint relates was to any extent caused or contributed to by action of the complainant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.
[F37(5A) Where—
(a)the complaint is made under Article 71(1ZA),
(b)the detriment to which the worker is subjected is the termination of his worker's contract, and
(c)that contract is not a contract of employment,
any compensation must not exceed the compensation that would be payable under Chapter II of Part XI if the worker had been an employee and had been dismissed for the reason specified in Article 132A.]
[F36(6) Where—
(a)the complaint is made under Article 71(1A),
(b)the detriment to which the worker is subject is the termination of his worker's contract, and
(c)that contract is not a contract of employment,
any compensation must not exceed the compensation that would be payable under Chapter II of Part XI if the worker had been an employee and had been dismissed for the reason specified in Article 134A.]
[F38(7) Where—
(a)the complaint is made under Article 71(1B) by a person who is not an employee, and
(b)the detriment to which he is subjected is the termination of his contract with the person who is his employer for the purposes of section 25 of the Tax Credits Act 2002,
any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 11 if the complainant had been an employee and had been dismissed for the reason specified in Article 135B.]
F37SR 1998/386
F38Art. 72(7) inserted (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 27, 61, Sch. 1 para. 2(4); S.I. 2002/1727, art. 2
Modifications etc. (not altering text)
C6Art. 72 applied (6.4.2006) by Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (S.R. 2006/48), reg. 17, Sch. para. 8(2)
C7Art. 72 applied (with modifications) (30.6.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 56, 118(1) (with s. 73); S.R. 2012/266, art. 2(b), Sch. Pt. 2
C8Art. 72(1)-(5) applied (18.8.2006) by European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 2, 34(3), Sch. 3 para. 22
C9Art. 72(1)-(5) applied (15.12.2007) by Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 51(2), Sch. 2 paras. 10, 20
C10Art. 72(1)-(5) applied (1.10.2009) by European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402), reg. 32(3) (with reg. 39)
72A.—(1) For the purposes of Article 68, and of Articles 71 and 72 so far as relating to that Article, the holding, otherwise than under a contract of employment, of the office of constable -shall be treated as employment by the relevant officer under a contract of employment.
[F40(2) In this Article “the relevant officer”, in relation to a person holding the office of constable, means the person who under Article 47A of the Health and Safety at Work (Northern Ireland) Order 1978 is to be treated as his employer for the purposes of Part II of that Order.]]
F40Art. 72A(2) substituted (25.7.2006 with effect as mentioned in s. 27(4) of the amending Act) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 27(2)(a)(3), 31(1)(f) (with s. 27(5))
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.