2005 No. 152
Code of Practice (Disciplinary and Grievance Procedures) (Appointed Day) Order (Northern Ireland) 2005
Made
Coming into operation
Citation1
This Order may be cited as the Code of Practice (Disciplinary and Grievance Procedures) (Appointed Day) Order (Northern Ireland) 2005.
Code of practice2
Subject to Article 3, the Department for Employment and Learning hereby appoints 3rd April 2005 as the day on which there shall come into effect the Code of Practice on Disciplinary and Grievance Procedures, a draft of which was issued by the Agency on 1st April 2004 under Article 90(1) and (7) of the Industrial Relations (Northern Ireland) Order 1992.
Transitional provision3
1
The Code which came into effect on 1st December 2002 by virtue of the Code of Practice (Disciplinary and Grievance Procedures) (Appointed Day) Order (Northern Ireland) 20024 shall only have effect –
a
in relation to dismissal and relevant disciplinary action, where the employer first contemplates dismissing or taking such action against the employee before 3rd April 2005; and
b
in relation to grievances, where –
i
the employee has raised with the employer a grievance about an action before 3rd April 2005 (regardless of whether the action continues after that date);
ii
the employee has presented a complaint to a tribunal about that grievance before 3rd April 2005; or
ii
the proceedings are before the Industrial Court prior to 3rd April 2005.
2
In this Article, “tribunal” means a tribunal established by Regulations under Article 3(1) of the Industrial Tribunals (Northern Ireland) Order 19965.
Sealed with the Official Seal of the Department for Employment and Learning on 22nd March 2005.
(This note is not part of the Regulations)