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The Employment (Northern Ireland) Order 2003

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II INDUSTRIAL TRIBUNAL REFORM

    1. 3.Conciliation

    2. 4.Power to delegate prescription of forms, etc.

    3. 5.Determination without a hearing

    4. 6.Practice directions

    5. 7.Pre-hearing reviews

    6. 8.Costs, expenses and allowances

  4. PART III FAIR EMPLOYMENT TRIBUNAL REFORM

    1. 9.Power to delegate prescription of forms, etc.

    2. 10.Determination without a hearing

    3. 11.Conciliation

    4. 12.Practice directions

    5. 13.Pre-hearing reviews and preliminary matters

    6. 14.Costs and allowances

  5. PART IV DISPUTE RESOLUTION, ETC.

    1. Statutory procedures

      1. 15.Statutory dispute resolution procedures

      2. 16.Contracts of employment

      3. 17.Non-completion of statutory procedure: adjustment of awards by industrial tribunals

      4. 18.Non-completion of statutory procedure: adjustment of awards by Fair Employment Tribunal

      5. 19.Complaints about grievances: industrial tribunals

      6. 20.Complaints about grievances: Fair Employment Tribunal

      7. 21.Consequential adjustment of time limits: industrial tribunals

      8. 22.Consequential adjustment of time limits: Fair Employment Tribunal

      9. 23.Procedural fairness in unfair dismissal

    2. Employment particulars

      1. 24.Particulars of procedures relating to discipline or dismissal

      2. 25.Removal of exemption for small employers

      3. 26.Use of alternative documents to give particulars

      4. 27.Failure to give statement of employment particulars, etc.: industrial tribunals

      5. 28.Failure to give statement of employment particulars, etc.: Fair Employment Tribunal

    3. General

      1. 29.Unfair dismissal: adjustments under Articles 17 and 27

  6. PART V MISCELLANEOUS

    1. 30.Equal pay: questionnaires

    2. 31.Union learning representatives

    3. 32.Dismissal procedures agreements

    4. 33.Deputy Certification Officer

  7. PART VI SUPPLEMENTARY

    1. 34.Regulations and orders

    2. 35.Amendments and repeals

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      STATUTORY DISPUTE RESOLUTION PROCEDURES

      1. PART I DISMISSAL AND DISCIPLINARY PROCEDURES

        1. CHAPTER I STANDARD PROCEDURE

          1. Step 1: statement of grounds for action and invitation to meeting

            1. 1.(1) The employer must set out in writing the employee’s...

          2. Step 2: meeting

            1. 2.(1) The meeting must take place before action is taken,...

          3. Step 3: appeal

            1. 3.(1) If the employee does wish to appeal, he must...

        2. CHAPTER II MODIFIED PROCEDURE

          1. Step 1: statement of grounds for action

            1. 4.The employer must— (a) set out in writing—

          2. Step 2: appeal

            1. 5.(1) If the employee does wish to appeal, he must...

      2. PART II GRIEVANCE PROCEDURES

        1. CHAPTER I STANDARD PROCEDURE

          1. Step 1: statement of grievance

            1. 6.The employee must set out the grievance in writing and...

          2. Step 2: meeting

            1. 7.(1) The employer must invite the employee to attend a...

          3. Step 3: appeal

            1. 8.(1) If the employee does wish to appeal, he must...

        2. CHAPTER II MODIFIED PROCEDURE

          1. Step 1: statement of grievance

            1. 9.The employee must— (a) set out in writing—

          2. Step 2: response

            1. 10.The employer must set out his response in writing and...

      3. PART III GENERAL REQUIREMENTS

        1. Introductory

          1. 11.The following requirements apply to each of the procedures set...

        2. Timetable

          1. 12.Each step and action under the procedure must be taken...

        3. Meetings

          1. 13.(1) Timing and location of meetings must be reasonable.

      4. PART IV SUPPLEMENTARY

        1. Status of meetings

          1. 14.A meeting held for the purposes of this Schedule is...

        2. Scope of grievance procedures

          1. 15.(1) The procedures set out in Part II are only...

    2. SCHEDULE 2

      TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 17 APPLIES

    3. SCHEDULE 3

      TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 19 APPLIES

    4. SCHEDULE 4

      TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 27 APPLIES

    5. SCHEDULE 5

      CONSEQUENTIAL AMENDMENTS

      1. The Industrial Relations (Northern Ireland) Order 1992 (NI 5)

        1. 1.(1) In Articles 90(1) and 95(1) at the end insert...

      2. The Employment Rights (Northern Ireland) Order 1996 (NI 16)

        1. 2.(1) In Article 22(3) for “153, 155 or 162A” substitute...

      3. The Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)

        1. 3.In Article 21, at the end of paragraph (a) insert...

      4. The Fair Employment and Treatment (Northern Ireland) Order 1998 (NI 21)

        1. 4.(1) In Article 38 after paragraph (1) there shall be...

      5. The Employment Relations (Northern Ireland) Order 1999 (NI 9)

        1. 5.In Article 24(1) at the end add—

      6. The Employment (Northern Ireland) Order 2002 (NI 2)

        1. 6.In Schedule 1 for paragraph 1(2) substitute—

    6. SCHEDULE 6

      REPEALS

  10. Explanatory Note

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Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

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