The Employment (Northern Ireland) Order 2003

SCHEDULES

Article 15

SCHEDULE 1 N.I. STATUTORY DISPUTE RESOLUTION PROCEDURES

PART I N.I. DISMISSAL AND DISCIPLINARY PROCEDURES

CHAPTER I N.I. STANDARD PROCEDURE

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

1.—(1) The employer must set out in writing the employee's alleged conduct or characteristics, or other circumstances, which lead him to contemplate dismissing or taking disciplinary action against the employee. N.I.

(2) The employer must send the statement or a copy of it to the employee and invite the employee to attend a meeting to discuss the matter.

Step 2: meeting N.I.

2.—(1) The meeting must take place before action is taken, except in the case where the disciplinary action consists of suspension. N.I.

(2) The meeting must not take place unless—

(a) the employer has informed the employee what the basis was for including in the statement under paragraph 1(1) the ground or grounds given in it, and

(b) the employee has had a reasonable opportunity to consider his response to that information.

(3) The employee must take all reasonable steps to attend the meeting.

(4) After the meeting, the employer must inform the employee of his decision and notify him of the right to appeal against the decision if he is not satisfied with it.

Step 3: appeal N.I.

3.—(1) If the employee does wish to appeal, he must inform the employer. N.I.

(2) If the employee informs the employer of his wish to appeal, the employer must invite him to attend a further meeting.

(3) The employee must take all reasonable steps to attend the meeting.

(4) The appeal meeting need not take place before the dismissal or disciplinary action takes effect.

(5) After the appeal meeting, the employer must inform the employee of his final decision.

CHAPTER II N.I. MODIFIED PROCEDURE

Step 1: statement of grounds for action N.I.

4.  The employer must— N.I.

(a) set out in writing—

(i) the employee's alleged misconduct which has led to the dismissal,

(ii) what the basis was for thinking at the time of the dismissal that the employee was guilty of the alleged misconduct, and

(iii) the employee's right to appeal against dismissal, and

(b) send the statement or a copy of it to the employee.

Step 2: appeal N.I.

5.—(1) If the employee does wish to appeal, he must inform the employer. N.I.

(2) If the employee informs the employer of his wish to appeal, the employer must invite him to attend a meeting.

(3) The employee must take all reasonable steps to attend the meeting.

(4) After the appeal meeting, the employer must inform the employee of his final decision.

PART II N.I. GRIEVANCE PROCEDURES

CHAPTER I N.I. STANDARD PROCEDURE

Step 1: statement of grievance N.I.

6.  The employee must set out the grievance in writing and send the statement or a copy of it to the employer.

Step 2: meeting N.I.

7.—(1) The employer must invite the employee to attend a meeting to discuss the grievance.

(2) The meeting must not take place unless—

(a) the employee has informed the employer what the basis for the grievance was when he made the statement under paragraph 6, and

(b) the employer has had a reasonable opportunity to consider his response to that information.

(3) The employee must take all reasonable steps to attend the meeting.

(4) After the meeting, the employer must inform the employee of his decision as to his response to the grievance and notify him of the right to appeal against the decision if he is not satisfied with it.

Step 3: appeal N.I.

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

(2) If the employee informs the employer of his wish to appeal, the employer must invite him to attend a further meeting.

(3) The employee must take all reasonable steps to attend the meeting.

(4) After the appeal meeting, the employer must inform the employee of his final decision.

CHAPTER II N.I. MODIFIED PROCEDURE

Step 1: statement of grievance N.I.

9.  The employee must—

(a) set out in writing—

(i) the grievance, and

(ii) the basis for it, and

(b) send the statement or a copy of it to the employer.

Step 2: response N.I.

10.  The employer must set out his response in writing and send the statement or a copy of it to the employee.

PART III N.I. GENERAL REQUIREMENTS

Introductory N.I.

11.  The following requirements apply to each of the procedures set out above (so far as applicable).

Timetable N.I.

12.  Each step and action under the procedure must be taken without unreasonable delay. N.I.

Meetings N.I.

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

(2) Meetings must be conducted in a manner that enables both employer and employee to explain their cases.

(3) In the case of appeal meetings which are not the first meeting, the employer should, as far as is reasonably practicable, be represented by a more senior manager than attended the first meeting (unless the most senior manager attended that meeting).

PART IV N.I. SUPPLEMENTARY

Status of meetings N.I.

14.  A meeting held for the purposes of this Schedule is a hearing for the purposes of Article 15(4) and (5) of the Employment Relations (Northern Ireland) Order 1999 (NI 9) (definition of “disciplinary hearing” and “grievance hearing” in relation to the right to be accompanied under Article 12 of that Order).

Scope of grievance procedures N.I.

15.—(1) The procedures set out in Part II are only applicable to matters raised by an employee with his employer as a grievance.

(2) Accordingly, those procedures are only applicable to the kind of disclosure dealt with in Part VA of the Employment Rights Order (protected disclosures of information) if information is disclosed by an employee to his employer in circumstances where—

(a) the information relates to a matter which the employee could raise as a grievance with his employer, and

(b) it is the intention of the employee that the disclosure should constitute the raising of the matter with his employer as a grievance.

Article 17

SCHEDULE 2 N.I. TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 17 APPLIES

Section 2 of the Equal Pay Act (Northern Ireland) 1970 (c. 32) (equality clauses)

Article 63 of the Sex Discrimination (Northern Ireland) Order 1976 (NI 15) (discrimination in the employment field)

Paragraph 156 of Schedule 1A to the Trade Union and Labour Relations (Northern Ireland) Order 1995 (NI 12) (detriment in relation to union recognition rights)

[F1 Section 17A of the Disability Discrimination Act 1995] (c. 50) (discrimination in the employment field)

F1 SR 2004/55

Article 55 of the Employment Rights (Northern Ireland) Order 1996 (NI 16) (unauthorised deductions and payments)

Article 71 of that Order (detriment in employment)

Article 74 of that Order (detriment in relation to trade union membership and activities)

[F2 Article 77A of that Order (inducements relating to union membership or activities)]

F2 2004 NI 19

Article 77B of that Order (inducements relating to collective bargaining)

Article 145 of that Order (unfair dismissal)

Article 198 of that Order (redundancy payments)

Article 52 of the Race Relations (Northern Ireland) Order 1997 (NI 6) (discrimination in the employment field)

Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage)

The Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 (SR 1994/308) (breach of employment contract and termination)

Regulation 30 of the Working Time Regulations (Northern Ireland) 1998 (SR 1998/386) (breach of regulations)

Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (detriment relating to European Works Councils)

[F3 Regulation 34 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (discrimination in the employment field)]

F3 SR 2003/497

[F4 Regulation 41 of the Employment Equality (Age) Regulations (Northern Ireland) 2006 (discrimination in the employment field)]

F4 Words in Sch. 2 inserted (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 53(1), Sch. 7 para. 6(a) (with reg. 50)

[F5 Regulation 45 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 (detriment: enforcement and subsidiary provisions)

F5 Words in Sch. 2 added (6.4.2007) by Employment (Northern Ireland) Order 2003 (Amendment of Schedules 2, 3 and 4) Order (Northern Ireland) 2007 (S.R. 2007/91), art. 3(a) (with transitional provisions in art. 4)

Regulation 33 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (detriment: enforcement and subsidiary provisions)

F5 Words in Sch. 2 added (6.4.2007) by Employment (Northern Ireland) Order 2003 (Amendment of Schedules 2, 3 and 4) Order (Northern Ireland) 2007 (S.R. 2007/91), art. 3(a) (with transitional provisions in art. 4)

Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (protections from suffering other detriment in employment)]

F5 Words in Sch. 2 added (6.4.2007) by Employment (Northern Ireland) Order 2003 (Amendment of Schedules 2, 3 and 4) Order (Northern Ireland) 2007 (S.R. 2007/91), art. 3(a) (with transitional provisions in art. 4)

[F6 Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment: enforcement and subsidiary provisions).]

F6 Words in Sch. 2 inserted (15.12.2007) by Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 63, Sch. 2 para. 19

Valid from 01/10/2008

[F7 Regulation 17 of the Cross-border Railways Services (Working Time) Regulations (Northern Ireland) 2008 (breach of regulations)]

F7 Words in Sch. 2 inserted (1.10.2008) by Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008 (S.R. 2008/315), reg. 19, Sch. 3 para. 3(a)

Article 19

SCHEDULE 3 N.I. TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 19 APPLIES

Section 2 of the Equal Pay Act (Northern Ireland) 1970 (c. 32) (equality clauses)

Article 63 of the Sex Discrimination (Northern Ireland) Order 1976 (NI 15) (discrimination in the employment field)

Paragraph 156 of Schedule 1A to the Trade Union and Labour Relations (Northern Ireland) Order 1995 (NI 12) (detriment in relation to union recognition rights)

[F8 Section 17A of the Disability Discrimination Act 1995] (c. 50) (discrimination in the employment field)

F8 SR 2004/55

Article 55 of the Employment Rights (Northern Ireland) Order 1996 (NI 16) (unauthorised deductions and payments)

Article 71 of that Order (detriment in employment)

Article 74 of that Order (detriment in relation to trade union membership and activities)

[F9 Article 77A of that Order (inducements relating to union membership or activities)]

F9 2004 NI 19

Article 77B of that Order (inducements relating to collective bargaining)

Article 145 of that Order (unfair dismissal)

Article 198 of that Order (redundancy payments)

Article 52 of the Race Relations (Northern Ireland) Order 1997 (NI 6) (discrimination in the employment field)

Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage)

Regulation 30 of the Working Time Regulations (Northern Ireland) 1998 (SR 1998/386) (breach of regulations)

Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (detriment relating to European Works Councils)

[F10 Regulation 34 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (discrimination in the employment field)]

F10 SR 2003/497

Regulation 41 of the Employment Equality (Age) Regulations (Northern Ireland) 2006 (discrimination in the employment field)

Regulation 45 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 (detriment: enforcement and subsidiary provisions)

Regulation 33 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (detriment: enforcement and subsidiary provisions)

Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (protections from suffering other detriment in employment)

Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment: enforcement and subsidiary provisions).

Valid from 01/10/2008

[F11 Regulation 17 of the Cross-border Railways Services (Working Time) Regulations (Northern Ireland) 2008 (breach of regulations)]

F11 Words in Sch. 3 inserted (1.10.2008) by Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008 (S.R. 2008/315), reg. 19, Sch. 3 para. 3(b)

Article 27

SCHEDULE 4 N.I. TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 27 APPLIES

Section 2 of the Equal Pay Act (Northern Ireland) 1970 (c. 32) (equality clauses)

Article 63 of the Sex Discrimination (Northern Ireland) Order 1976 (NI 15) (discrimination in the employment field)

Paragraph 156 of Schedule 1A to the Trade Union and Labour Relations (Northern Ireland) Order 1995 (NI 12) (detriment in relation to union recognition rights)

[F12 Section 17A of the Disability Discrimination Act 1995] (c. 50) (discrimination in the employment field)

F12 SR 2004/55

Article 55 of the Employment Rights (Northern Ireland) Order 1996 (NI 16) (unauthorised deductions and payments)

Article 71 of that Order (detriment in employment)

Article 74 of that Order (detriment in relation to trade union membership and activities)

[F13 Article 77A of that Order (inducements relating to union membership or activities)]

F13 2004 NI 19

Article 77B of that Order (inducements relating to collective bargaining)

Article 145 of that Order (unfair dismissal)

Article 198 of that Order (redundancy payments)

Article 52 of the Race Relations (Northern Ireland) Order 1997 (NI 6) (discrimination in the employment field)

Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage)

The Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 (SR 1994/308) (breach of employment contract and termination).

Regulation 30 of the Working Time Regulations (Northern Ireland) 1998 (SR 1998/386) (breach of regulations)

Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (detriment relating to European Works Councils)

[F14 Regulation 34 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (discrimination in the employment field)]

F14 SR 2003/497

[F15 Regulation 41 of the Employment Equality (Age) Regulations (Northern Ireland) 2006 (discrimination in the employment field)]

F15 Words in Sch. 4 inserted (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 53(1), Sch. 7 para. 6(c) (with reg. 50)

[F16 Regulation 45 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 (detriment: enforcement and subsidiary provisions)

F16 Words in Sch. 4 added (6.4.2007) by Employment (Northern Ireland) Order 2003 (Amendment of Schedules 2, 3 and 4) Order (Northern Ireland) 2007 (S.R. 2007/91), art. 3(c) (with transitional provisions in art. 4)

Regulation 33 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (detriment: enforcement and subsidiary provisions)

F16 Words in Sch. 4 added (6.4.2007) by Employment (Northern Ireland) Order 2003 (Amendment of Schedules 2, 3 and 4) Order (Northern Ireland) 2007 (S.R. 2007/91), art. 3(c) (with transitional provisions in art. 4)

Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (protections from suffering other detriment in employment)]

F16 Words in Sch. 4 added (6.4.2007) by Employment (Northern Ireland) Order 2003 (Amendment of Schedules 2, 3 and 4) Order (Northern Ireland) 2007 (S.R. 2007/91), art. 3(c) (with transitional provisions in art. 4)

[F17 Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment: enforcement and subsidiary provisions).]

F17 Words in Sch. 4 inserted (15.12.2007) by Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 63, Sch. 2 para. 19

Valid from 01/10/2008

[F18 Regulation 17 of the Cross-border Railways Services (Working Time) Regulations (Northern Ireland) 2008 (breach of regulations)]

F18 Words in Sch. 4 inserted (1.10.2008) by Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008 (S.R. 2008/315), reg. 19, Sch. 3 para. 3(c)

N.I.

Schedule 5—Amendments

N.I.

Schedule 6—Repeals