Employment Rights (Dispute Resolution) (1998 Order) (Commencement No. 1 and Transitional and Saving Provisions) Order (Northern Ireland) 1998

Statutory Rules of Northern Ireland

1998 No. 274 (C. 10)

EMPLOYMENT

Employment Rights (Dispute Resolution) (1998 Order) (Commencement No. 1 and Transitional and Saving Provisions) Order (Northern Ireland) 1998

Made

5th August 1998

The Department of Economic Development, in exercise of the powers conferred on it by Article 1(2) of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998(1), and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Employment Rights (Dispute Resolution) (1998 Order) (Commencement No. 1 and Transitional and Saving Provisions) Order (Northern Ireland) 1998.

(2) In this Order—

“the 1995 Order” means the Trade Union and Labour Relations (Northern Ireland) Order 1995(2);

“the 1996 Order” means the Employment Rights (Northern Ireland) Order 1996(3); and

“the 1998 Order” means the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998.

Commencement

2.—(1) The provisions of the 1998 Order specified in Schedule 1 shall come into operation on 8th August 1998.

(2) The provisions of the 1998 Order specified in Schedule 2 shall come into operation on 1st October 1998.

(3) The provisions of the 1998 Order specified in Schedule 3 shall come into operation on 1st January 1999.

Transitional and saving provisions

3.—(1) The amendments made to the Industrial Tribunals (Northern Ireland) Order 1996(4) by Article 4(1), (2) and (3) of the 1998 Order shall have effect only in relation to cases in which the date of the hearing of the originating application is first fixed on or after 8th August 1998.

(2) The substitution of Article 61 of the 1995 Order, made by Article 7 of the 1998 Order, shall have effect only where the date of payment of the emoluments concerned falls on or after 8th August 1998.

(3) Neither the amendment made to the 1996 Order by paragraph 9 of Schedule 1 to the 1998 Order, nor the repeal of Article 62 of the 1995 Order in Schedule 2 to the 1998 Order, shall have effect in relation to any complaint where the date of payment of the wages (within the meaning of Article 59 of the 1996 Order) concerned falls before 8th August 1998.

(4) The amendments made to the Sex Discrimination (Northern Ireland) Order 1976(5), the Race Relations (Northern Ireland) Order 1997(6), the 1995 Order, the Disability Discrimination Act 1995(7) and the 1996 Order by Article 9 of the 1998 Order shall have effect only in respect of arbitration agreements entered into on or after 8th August 1998.

(5) Neither the amendments made to the 1996 Order by Article 12 of the 1998 Order, nor the repeals relating to Article 201(2)(a) and Article 203(1)(a) of the 1996 Order in Schedule 2 to the 1998 Order, shall have effect in respect of dismissals from employment where the relevant date (within the meaning of Article 180 of the 1996 Order) falls before 1st October 1998.

(6) The amendments made to the 1996 Order by Article 14 of, and paragraphs 8, 10, 11, 12 and 14 of Schedule 1 to the 1998 Order, shall have effect only in respect of dismissals from employment where the effective date of termination (within the meaning of Article 129 of the 1996 Order) falls on or after 1st January 1999.

(7) Neither the amendment made to the 1996 Order by Article 15 of the 1998 Order, nor the repeal relating to Article 151(6)(a) of the 1996 Order in Schedule 2 to the 1998 Order, shall have effect in respect of dismissals from employment where the effective date of termination (within the meaning of Article 129 of the 1996 Order) falls before 8th August 1998.

Sealed with the Official Seal of the Department of Economic Development on

L.S.

Suzanna Cooper

Assistant Secretary

5th August 1998.

Article 2(1)

SCHEDULE 1 Provisions coming into operation on 8th August 1998

Provision	Subject Matter of Provision
Parts I and II of the 1998 Order except Article 5	Introductory, industrial tribunals, hearings and other provisions
Part III of the 1998 Order except Article 12	Other methods of dispute resolution arbitration, compromise agreements and other provisions
Article 15	Acts which are both unfair dismissal and disability discrimination
Article 16, so far as it relates to amendments effected by Schedule 1 specified below and so far as it relates to the repeals specified in relation to Schedule 2 in the table below.	Minor and consequential amendments and repeals
Schedule 1 so far as it is not already in operation, except for paragraphs 8, 10, 11, 12 and 14	Minor and consequential amendments
In Schedule 2 the repeals specified in the table below	Repeals

Table

Chapter	Short Title	Extent of Repeal
1995 N.I. 12	The Trade Union and Labour Relations (Northern Ireland) Order 1995	Article 62
		Article 146(5) and (6)
1996 N.I. 18	The Industrial Tribunals (Northern Ireland) Order 1996	Article 6(3)(e) apart from the word “and”
		In Article 7(1)(a), the word “and” where it occurs for the third time
		Article 9(3)(f)(i)
1996 N.I. 16	The Employment Rights (Northern Ireland) Order 1996	In Article 15, in paragraph (1), the words “, in consequence of action to which paragraph (2) applies,” and paragraphs (2) to (4)
		In Article 151, in paragraph (6)(a), the word “and” and, in paragraph (8), the words “(in accordance with) Articles 152 to 162)”
		In Article 160(1), the words “two or three”
		In Article 245(2)(f), the words “before an industrial tribunal”
		In Schedule 1, those entries relating to references to Articles 62(2), (3) and (4) of the Trade Union and Labour Relations (Northern Ireland) Order 1995
		In Schedule 2, in Part II, paragraph 13.

Article 2(2)

SCHEDULE 2 Provisions coming into operation on 1st October 1998

Provision	Subject Matter of Provision
Article 12	Settlement of redundancy cases
Article 16, so far as it relates to to the repeals specified in relation to Schedule 2 in the table below.	Repeals
In Schedule 2 the repeals specified in the table below	Repeals

Table

Chapter	Short Title	Extent of Repeal
1996 N.I. 16	Employment Rights (Northern Ireland) Order 1996	In Article 201(2)(a), the word “or”
		In Article 203(1)(a), the word “and”.

Article 2(3)

SCHEDULE 3 Provisions coming into operation on 1st January 1999

Provision	Subject Matter of Provision
Article 14	Internal appeal procedures and unfair dismissal awards
Article 16, so far as it is not already in operation	Minor and consequential amendments
Schedule 1 so far as it is not already in operation	Minor and consequential amendments.

Explanatory Note

(This note is not part of the Order.)

This Order bring into operation the provisions of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998—

(a) the provisions specified in Schedule 1 to the Order are to come into operation on 8th August 1998;

(b) the provisions specified in Schedule 2 to the Order are to come into operation on 1st October 1998;

(b) the provisions specified in Schedule 3 to the Order are to come into operation on 1st January 1999.

Transitional and saving provisions are set out in Article 3.

Article 4 of the 1998 Order will be brought into operation by a subsequent Order.

(1)

S.I. 1998/1265 (N.I. 8)

(2)

S.I. 1995 No. 1980 (N.I. 12)

(3)

S.I. 1996 No. 1919 (N.I. 16)

(4)

S.I. 1996/1921 (N.I. 18)

(5)

S.I. 1976/1042 (N.I. 15)

(6)

S.I. 1997869 (N.I. 6)

(7)

1995 c. 50