The Education (Modification of Statutory Provisions Relating to Employment) Order (Northern Ireland) 1991

Dismissals

4.  Without prejudice to the generality of Article 3, where an employee employed at a school with a Board of Governors with a delegated budget or, as the case may be, an institution of further education with a governing body with a delegated budget is dismissed by the board or, in the case of a teacher at a Catholic maintained school, the Council for Catholic Maintained Schools following notification of such a determination by a Board of Governors or governing body as is mentioned in Article 3(1)(d)—

(a) Article 48 of the Industrial Relations (Northern Ireland) Order 1976(1) shall have effect as if the Board of Governors or, as the case may be, governing body had dismissed him and as if references to the employer’s reasons for dismissing the employee were references to the reasons for which the Board of Governors or, as the case may be, governing body made its determination; and

(b) Articles 20 to 41 (excluding Article 24A(2)(c)) and 59(5) and (6) of the Industrial Relations (Northern Ireland) Order 1976(2)(3) and Articles 9(4), 13, 14, 30, 30A(1) to (3) and (5) and 31 of the Industrial Relations (No. 2) (Northern Ireland) Order 1976(4) shall have effect in relation to the dismissal as if the Board of Governors or, as the case may be, governing body had dismissed him, and the reason or principal reason for which the Board of Governors or, as the case may be, governing body did so had been the reason or principal reason for which it made its determination.

(1)

Article 48(2) was amended by paragraph 6 of Schedule 2 to the Industrial Relations (Northern Ireland) Order 1987 (S.I. 1987/936 (N.I. 9)).

(2)

Paragraphs (5) to (7) of Article 21 were substituted by paragraph 4(1) of Schedule 3 to the Industrial Relations (Northern Ireland) Order 1987 and paragraphs (3) to (11) of Article 22 were substituted by Article 5(1) of that Order. Article 22A was substituted by Article 5(2) of the Industrial Relations (Northern Ireland) Order 1987. Articles 22B and 22C were inserted, and Article 23 substituted, by Article 5(2) of the Industrial Relations (Northern Ireland) Order 1987. Article 24(1) was amended by Schedule 3 to the Industrial Relations (Northern Ireland) Order 1982, Article 3(1) of the Unfair Dismissal (Variation of Qualifying Period) Order (Northern Ireland) 1985 (S.R. 1985 No. 279), paragraph 5(1) of Schedule 2 to the Industrial Relations (Northern Ireland) Order 1987 and Article 5(1) of the Sex Discrimination (Northern Ireland) Order 1988 (S.I. 1988/1303 (N.I. 13)). Article 24(2) was amended by paragraph 4(2) of Schedule 3 to the Industrial Relations Northern Ireland Order 1987 and Article 24(3) by Schedule 2 to the Industrial Relations Northern Ireland Order 1982. Article 24A was inserted by Article 10(1) of the I 1 Industrial Relations (Northern Ireland) Order 1982 and amended by paragraph 4(3) of Schedule 3 to the Industrial Relations (Northern Ireland) Order 1987. The operation of Article 24A(1) is excluded by Article 3(2) of the Unfair Dismissal (Variation of Qualifying Period) Order (Northern Ireland) 1985. Article 25 was amended by Article 10(2) of the Industrial Relations (Northern Ireland) Order 1982. Article 27(1) was repealed by Schedule 3 and Article 27(2) was amended by Schedule 2 to that Order. Article 29 was amended by paragraph 5(5) of Schedule 4 to the Industrial Relations (No. 2) (Northern Ireland) Order 1974, by paragraph 4(4) of Schedule 3 to the Industrial Relations (Northern Ireland) Order 1987 and by paragraph 31 of Schedule 2 to the Fair Employment (Northern Ireland) Act 1989 (c. 32). Article 32(2) was amended by Article 7(1) of, and paragraph 4(5) of Schedule 3 to, the Industrial Relations (Northern Ireland) Order 1987.

(3)

Article 32(3)(a) was repealed by Schedule 4 to that Order and Article 32(3)(c was inserted by paragraph 32 of Schedule 2 to the Fair Employment (Northern Ireland Act 1989. Paragraphs (5 and (6) of Article 32 were amended by paragraph 4(5) 1 P of Schedule 3 to the Industrial Relations (Northern Ireland) Order 1987 and paragraph (8) by the Industrial Relations (Variation of Limits) Order (Northern Ireland) 1991 (S. !I 1991 No. 65). Article 33 was substituted by Article 7(2) of the Industrial Relations (Northern Ireland) Order 1987 and Article 33A was inserted by Article 8 of that Order. Article 34 was amended by Article 11 of, and Schedule 3 to, the Industrial Relations (Northern Ireland) Order 1982, by Article 6(1) of, and paragraph 5(3) of Schedule 2, paragraph 4(6) of Schedule 3 and Schedule 4 to, the Industrial Relations (Northern Ireland) Order 1987, by Article 5(2) and (3) of the Sex Discrimination (Northern Ireland Order 1988 and by the Unfair Dismissal (Increase of Limits of Basic and Special Award:,1 Order (Northern Ireland) 1991 (S.R. 1991 NO. 66). Article 35 was amended by Article 11(5) of the Industrial Relations (Northern Ireland) Order 1982, Article 6(2 of, and paragraph 4(4) of Schedule 3 and Schedule 4 to, the Industrial Relations Northern 2 Ireland) Order 1987 and by the Industrial Relations (Variation of Limits) Order (Northern Ireland) 1991. Article 34(3) was amended by paragraph 4(7) of Schedule 3 to the Industrial Relations (Northern Ireland) Order 1987. Article 37(1) was amended b the Unfair Dismissal (Increase of Compensation Limit) Order (Northern Ireland) 1991 S.R. r 1991 No. 47). Article 37A was inserted by Article 7(3) of the Industrial Relations (Northern Ireland) Order 1987 and paragraphs (1) and (2) were amended by the Unfair Dismissal (Increase of Limits of Basic and Special Awards) Order (Northern Ireland) 1991. Article 38(2) was amended by paragraph 5(4) of Schedule 4 to the Industrial Relations (No. 2) (Northern Ireland) Order 1974 and by paragraph 33 of Schedule 2 to the Fair Employment (Northern Ireland) Act 1989. Article 38A was substituted by Article 9 of the Industrial Relations (Northern Ireland) Order 1987. Article 39 was amended by Article 10 of, and paragraph 4(8) of Schedule 3 and Schedule 4 to, the Industrial Relations (Northern Ireland) Order 1987.

(4)

Article 9(4) was amended by paragraph 5 of Schedule 6 to the Health and Safety at Work (Northern Ireland) Order 1978 S.I. 1978/1039 (N.I. 9)). by Article 4 of the Unfair 6 Dismissal (Variation of Qualifying Period) Order (Northern Ireland) 1985 and by paragraph 5(2) of Schedule 2 to the Industrial Relations (Northern Ireland) Order 1987. Article 13 was amended by paragraph 5(3) of Schedule 3 to the Industrial Relations (Northern Ireland) Order 1987 and Article 14(6) was repealed by Schedule 3 to the Industrial Relations (Northern Ireland) Order 1982. Article 30 was amended by Schedule 2 to the Industrial Relations (Northern Ireland) Order 1982, Article 30A was inserted by Article 14 of that Order and Article 31 was amended by paragraph 5(3) of Schedule 3 to the Industrial Relations (Northern Ireland) Order 1987.