- Latest available (Revised)
- Point in Time (01/05/2022)
- Original (As made)
Point in time view as at 01/05/2022.
There are currently no known outstanding effects for the The Working Time Regulations (Northern Ireland) 2016, SCHEDULE 1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulation 2
1. An agreement is a workforce agreement for the purposes of these Regulations if the following conditions are satisfied—N.I.
(a)the agreement is in writing;
(b)it has effect for a specified period not exceeding five years;
(c)it applies either—
(i)to all of the relevant members of the workforce, or
(ii)to all of the relevant members of the workforce who belong to a particular group;
(d)the agreement is signed—
(i)in the case of an agreement of the kind referred to in head (c)(i), by the representatives of the workforce, and in the case of an agreement of the kind referred to in head (c)(ii) by the representatives of the group to which the agreement applies (excluding, in either case, any representative not a relevant member of the workforce on the date on which the agreement was first made available for signature), or
(ii)if the employer employed 20 or fewer workers on the date referred to in head (d)(i), either by the appropriate representatives in accordance with that head or by the majority of the workers employed by the employer;
(e)before the agreement was made available for signature, the employer provided all the workers to whom it was intended to apply on the date on which it came into effect with copies of the text of the agreement and such guidance as those workers might reasonably require in order to understand it fully.
2. For the purposes of this Schedule—N.I.
“a particular group” is a group of the relevant members of a workforce who undertake a particular function, work at a particular workplace or belong to a particular department or unit within the employer's business;
“relevant members of the workforce” are all of the workers employed by a particular employer, excluding any worker whose terms and conditions of employment are provided for, wholly or in part, in a collective agreement;
“representatives of the workforce” are workers duly elected to represent the relevant members of the workforce, “representatives of the group” are workers duly elected to represent the members of a particular group, and representatives are “duly elected” if the election at which they were elected satisfied the requirements of paragraph 3.
3. The requirements concerning elections referred to in paragraph 2 are that—N.I.
(a)the number of representatives to be elected is determined by the employer;
(b)the candidates for election as representatives of the workforce are relevant members of the workforce, and the candidates for election as representatives of a group are members of the group;
(c)no worker who is eligible to be a candidate is unreasonably excluded from standing for election;
(d)all the relevant members of the workforce are entitled to vote for representatives of the workforce, and all the members of a particular group, are entitled to vote for representatives of the group;
(e)the workers entitled to vote may vote for as many candidates as there are representatives to be elected;
(f)the election is conducted so as to secure that—
(i)so far as is reasonably practicable, those voting do so in secret, and
(ii)the votes given at the election are fairly and accurately counted.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: