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The Information and Consultation of Employees Regulations (Northern Ireland) 2005
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- Northern Ireland Statutory Rules
- 2005 No. 47
- PART III
- Regulation 13
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This version of this provision is prospective.
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Changes and effects yet to be applied to Regulation 13:
- reg. 3A inserted by S.R. 2011/350 Sch. 2 para. 26
- reg. 8A inserted by S.R. 2011/350 Sch. 2 para. 27
- reg. 13 coming into force by S.R. 2005/47 reg. 1
- reg. 16(1)(g) and word inserted by S.R. 2011/350 Sch. 2 para. 28
- reg. 29(2A) inserted by S.R. 2020/4 Sch. para. 30
- reg. 29A inserted by S.R. 2020/4 Sch. para. 31
Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:
Whole provisions yet to be inserted into this Rule (including any effects on those provisions):
- reg. 3A inserted by S.R. 2011/350 Sch. 2 para. 26
- reg. 8A inserted by S.R. 2011/350 Sch. 2 para. 27
- reg. 16(1)(g) and word inserted by S.R. 2011/350 Sch. 2 para. 28
- reg. 29(2A) inserted by S.R. 2020/4 Sch. para. 30
- reg. 29A inserted by S.R. 2020/4 Sch. para. 31
Prospective
Dispute about employee request, employer notification or whether obligation in regulation 7(1) appliesN.I.
This section has no associated Explanatory Memorandum
13.—(1) If the employer considers that there was no valid employee request –
(a)because the employee request did not satisfy any requirement of regulation 7(2) to (4) or was prevented from being valid by regulation 12; or
(b)because the undertaking was not one to which these Regulations applied (under regulation 3) on the date on which the employee request was made,
the employer may apply to the Industrial Court for a declaration as to whether there was a valid employee request.
(2) If an employee or an employees' representative considers that an employer notification was not valid because it did not comply with one or more of the requirements in regulation 11(2) or was prevented from being valid by regulation 12, he may apply to the Industrial Court for a declaration as to whether the notification was valid.
(3) The Industrial Court shall only consider an application for a declaration made under paragraph (1) or (2) if the application is made within a one month period beginning on the date of the employee request or the date on which the employer notification is made.
Commencement Information
I1Reg. 13 in operation at 6.4.2005, see reg. 1
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