The European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009

a participating company, its concerned subsidiaries or establishments;

a subsidiary of an SE;

an establishment of an SE;

an employee of an SE or a representative of such an employee.

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F12a special negotiating body is to be reconvened only if a request that meets the conditions in paragraph (4) is made by employees or employees' representatives.

in writing;

by at least 10% of the employees of the UK Societas and its subsidiaries, or by employees' representatives representing at least that percentage of those employees;

references in this regulation to paragraph (1) and regulation 16(4) are to those provisions in these Regulations, as they had effect at the time of that decision and publication.

an employee involvement agreement has been agreed, or

the standard rules on employee involvement apply,

the date of the alleged failure, or

where the failure takes place over a period, the last day of that period.

must make a declaration to that effect, and

may make an order requiring the SE F28or the UK Societas to take such steps as are necessary to comply with the terms of the employee involvement agreement or, as the case may be, the standard rules on employee involvement.

the steps which the SE F29or the UK Societas is required to take;

the date of the failure;

the period within which the order must be complied with.

that the failure resulted from a reason beyond its control, or

that it has some other reasonable excuse for its failure.

the amount of the penalty which is payable;

the date before which the penalty must be paid;

the failure and period to which the penalty relates.

the gravity of the failure;

the period of time over which the failure occurred;

the reason for the failure;

the number of employees affected by the failure;

the number of employees employed by the undertaking.

the period during which an appeal may be made has expired without an appeal having been made, or

such an appeal has been made and determined,

depriving the employees of that participating company or of any of its concerned subsidiaries or, as the case may be, of the SE F19or the UK Societas or of any of F20their subsidiaries of their rights to employee involvement, or

withholding rights from any of the employees referred to in sub-paragraph (a),

before registration of the SE, or

within the period of 12 months following the date of its registration F21as an SE (including registration as an SE which subsequently converted to a UK Societas on IP completion day,

must make a declaration to that effect, and

may make an order requiring the participating company or the SE F22or the UK Societas, as the case may be, to take such action as is specified in the order to ensure that the employees referred to in paragraph (1)(a) are not deprived of their rights to employee involvement or that such rights are not withheld from them,

an SE,

a UK Societas,

a subsidiary of an SE F36or a UK Societas,

a participating company, or

a concerned subsidiary,

the obligation to comply with that paragraph is a duty owed to the body that disclosed the information or document to the recipient, and

a breach of the duty is actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty).

any legal liability which any person may incur otherwise than under this regulation by disclosing the information or document, or

any right which any person may have in relation to such disclosure otherwise than under this regulation.

the SE F7or the UK Societas, or any subsidiary or establishment of the SE F7or the UK Societas, or

the participating company or any subsidiary or establishment of the participating company.

where a representative body has been appointed or elected, a member of that body, or

where a representative body has not been appointed or elected, an information and consultation representative or an employee,

the information or document to be disclosed;

the person or persons to whom the information or document is to be disclosed;

any terms on which the information or document is to be disclosed;

the date before which the information or document is to be disclosed.

a member of a special negotiating body F5reconvened under regulation 17, in a UK Societas,

a member of a representative body,

an information and consultation representative,

an employee member on a supervisory or administrative organ,

a candidate in an election in which any person elected will, on being elected, be such a member or a representative,

the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or

where the employee has not been employed for a sufficient period to enable the calculation to be made under sub-paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in paragraph (5) as are appropriate in the circumstances.

the average number of normal working hours in a week which the employee could expect in accordance with the terms of the contract;

the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.

any contractual remuneration paid to an employee in respect of a period of time off under regulation 26 goes towards discharging any liability of the employer to pay remuneration under paragraph (1) in respect of that period, and

conversely, any payment of remuneration under paragraph (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.

has unreasonably refused to permit the employee to take time off as required under regulation 26, or

has failed to pay the whole or any part of any amount to which the employee is entitled under regulation 27.

before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted, or

within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

Day A is the day on which the worker concerned complies with the requirement in paragraph (1) of Article 20A of the Industrial Tribunals (Northern Ireland) Order 1996 (requirement to contact Labour Relations Agency before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under paragraph (11) of that Article) the certificate issued under paragraph (4) of that Article.

paragraph (2) applies to the employee and the reason (or, if more than one, the principal reason) for the dismissal is a reason specified in paragraph (3), or

paragraph (5) applies to the employee and the reason (or, if more than one, the principal reason) for the dismissal is a reason specified in paragraph (6).

a member of a special negotiating body F23reconvened under regulation 17, in a UK Societas;

a member of a representative body;

an information and consultation representative;

an employee member in a supervisory or administrative organ;

a candidate in an election in which any person elected will, on being elected, be such a member or a representative.

that the employee performed, or proposed to perform, any functions or activities as such a member, representative or candidate (but see paragraph (4));

that the employee, or a person acting on behalf of the employee, made or proposed to make a request to exercise an entitlement conferred on the employee by regulation 26 or 27.

the reason (or principal reason) for the dismissal is that, in the performance or purported performance of the employee's functions or activities, the employee has disclosed any information or document in breach of the duty in regulation 24, and

the case is not one where the employee reasonably believed the disclosure to be a “protected disclosure” within the meaning given by Article 67A of the 1996 Order.

took, or proposed to take, any proceedings before an industrial tribunal to enforce any right conferred on the employee by these Regulations;

exercised, or proposed to exercise, any entitlement to apply or complain to the Industrial Court or the High Court conferred by these Regulations or exercised, or proposed to exercise, the right to appeal in connection with any rights conferred by these Regulations;

acted with a view to securing that a special negotiating body F24(including one reconvened under regulation 17, in a UK Societas), a representative body or an information and consultation procedure did or did not come into existence;

indicated that the employee did or did not support the coming into existence of a special negotiating body F25(including one reconvened under regulation 17, in a UK Societas), a representative body or an information and consultation procedure;

stood as a candidate in an election in which any person elected would, on being elected, be a member of a special negotiating body F26reconvened under regulation 17, in a UK Societas or a representative body, an employee member on a supervisory or administrative organ, or an information and consultation representative;

influenced, or sought to influence, by lawful means the way in which votes were to be cast by other employees in a ballot arranged under these Regulations;

voted in such a ballot;

expressed doubts, whether to a ballot supervisor or otherwise, as to whether such a ballot had been properly conducted;

proposed to do, failed to do, or proposed to decline to do, any of the things mentioned in sub-paragraphs (d) to (h).

whether or not the employee has the right, or

whether or not the right has been infringed,

a member of a special negotiating body F41reconvened under regulation 17, in a UK Societas;

a member of a representative body;

an information and consultation representative;

an employee member on a supervisory or administrative organ;

a candidate in an election in which any person elected will, on being elected, be such a member or representative.

that the employee performed or proposed to perform any functions or activities as such a member, representative or candidate (but see paragraph (4));

that the employee, or a person acting on behalf of the employee, made or proposed to make a request to exercise an entitlement conferred on the employee by regulation 26 or 27.

the ground for the subjection to detriment is that in the performance, or purported performance, of the employee's functions or activities the employee has disclosed any information or document in breach of the duty in regulation 24, and

the case is not one where the employee reasonably believed the disclosure to be a “protected disclosure” within the meaning given by section 67A of the 1996 Order.

took, or proposed to take, any proceedings before an industrial tribunal to enforce any right conferred on the employee by these Regulations;

exercised, or proposed to exercise, any entitlement to apply or complain to the Industrial Court or the High Court conferred by these Regulations or exercised, or proposed to exercise, the right to appeal in connection with any rights conferred by these Regulations;

acted with a view to securing that a special negotiating body F42(including one reconvened under regulation 17, in a UK Societas), a representative body or an information and consultation procedure did or did not come into existence;

indicated that the employee did or did not support the coming into existence of a special negotiating body F43(including one reconvened under regulation 17, in a UK Societas), a representative body or an information and consultation procedure;

stood as a candidate in an election in which any person elected would, on being elected, be a member of a special negotiating body F44reconvened under regulation 17, in a UK Societas or a representative body, an employee member on a supervisory or administrative organ, or an information and consultation representative;

influenced, or sought to influence, by lawful means the way in which votes were to be cast by other employees in a ballot arranged under these Regulations;

voted in such a ballot;

expressed doubts, whether to a ballot supervisor or otherwise, as to whether such a ballot had been properly conducted;

proposed to do, failed to do, or proposed to decline to do, any of the things mentioned in sub-paragraphs (d) to (h).

whether or not the employee has the right, or

whether or not the right has been infringed,

make such enquiries as it sees fit, and

give any person whom it considers has a proper interest in the complaint or application an opportunity to be heard.

a declaration made by the Industrial Court under these Regulations may be relied on as if it were a declaration or order made by the High Court, and

an order made by the Industrial Court under these Regulations may be enforced in the same way as an order of the High Court.

refer the application or complaint to the Agency, and

notify the applicant or complainant and any persons whom it considers have a proper interest in the application or complaint accordingly,

an application or complaint so referred is not settled or withdrawn, and

the Agency is of the opinion that further attempts at conciliation are unlikely to result in a settlement,

the application or complaint is not referred to the Agency, or

it is so referred, but the Agency informs the Industrial Court of its opinion that further attempts at conciliation are unlikely to result in a settlement,

to exclude or limit the operation of any provision of these Regulations, other than a provision of Part 8, or

to preclude a person from bringing any proceedings before the Industrial Court under any provision of these Regulations other than a provision of that Part.

to exclude or limit the operation of any provision of Part 8 of these Regulations, or

to preclude a person from bringing any proceedings before an industrial tribunal under that Part.

the agreement must be in writing;

the agreement must relate to the particular proceedings;

the employee must have received advice from a relevant independent adviser as to the terms and effect of the proposed agreement and, in particular, its effect on the ability of the employee to pursue the employee's rights before an industrial tribunal;

there must be in force, when the adviser gives the advice, a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the employee in respect of loss arising in consequence of the advice;

the agreement must identify the adviser;

the agreement must state that the conditions in sub-paragraphs (a) to (e) are satisfied.

a qualified lawyer;

an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and authorised to do so on behalf of the trade union;

a person who works at an advice centre (whether as an employee or as a volunteer) and has been certified in writing by the centre as competent to give advice and authorised to do so on behalf of the centre;

if the person is, is employed by, or is acting in the matter for, the employer or an associated employer;

in the case of a person within paragraph (5)(b) or (c), if the trade union or advice centre is the employer or an associated employer;

in the case of a person within paragraph (5)(c), if the employee makes a payment for the advice received.

a barrister (whether in practice as such or employed to give legal advice), or

a solicitor who holds a practising certificate.

one is a company of which the other (directly or indirectly) has control, or

both are companies of which a third person (directly or indirectly) has control,

elect or appoint some of the members of the SE or the UK Societas's supervisory or administrative organ, or

recommend or oppose the appointment of some or all of the members of the SE or the UK Societas's supervisory or administrative organ.