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The Employment Relations (Northern Ireland) Order 1999

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. Introduction

    1. 1.Title and commencement

    2. 2.Interpretation

  3. Trade Unions

    1. 3.Collective bargaining: recognition

    2. 4.Detriment related to trade union membership

    3. 5.Blacklists

    4. 6.Ballots and notices

    5. 7.Training

    6. 8.Unfair dismissal connected with recognition: interim relief

  4. Leave for family reasons, etc.

    1. 9.Maternity and parental leave

    2. 10.Time-off for dependants

    3. 11.Consequential amendments

  5. Disciplinary and grievance hearings

    1. 12.Right to be accompanied

    2. 13.Complaint to industrial tribunal

    3. 14.Detriment and dismissal

    4. 15.Interpretation

    5. 16.Contracting out and conciliation

    6. 17.National security employees

  6. Other rights of individuals

    1. 18.Unfair dismissal of striking workers

    2. 19.Collective agreements: detriment and dismissal

    3. 20.Agreement to exclude dismissal rights

    4. 21.Part-time work: discrimination

    5. 22.Part-time work: code of practice

    6. 23.Code of practice: supplemental

    7. 24.Power to confer rights on individuals

  7. The Industrial Court, the Agency, Commissioners and Certification Officer

    1. 25.The Industrial Court

    2. 26.The Agency: general duty

    3. 27.Abolition of Commissioners

    4. 28.The Certification Officer for Northern Ireland

  8. Miscellaneous

    1. 29.Partnerships at work

    2. 30.Employment agencies

    3. 31.Employment rights: employment outside Northern Ireland

    4. 32.Unfair dismissal: special and additional awards

    5. 33.Indexation of amounts, etc.

    6. 34.Guarantee payments

    7. 35.Articles 32 to 34: consequential

    8. 36.Compensatory awards, etc.: removal of limits in certain cases

    9. 37.Transfer of undertakings

    10. 38.National security

  9. General

    1. 39.Orders and regulations

    2. 40.Repeals

  10. Signature

  11. SCHEDULES

    1. SCHEDULE 1

      COLLECTIVE BARGAINING: RECOGNITION

    2. SCHEDULE 2

      UNION MEMBERSHIP: DETRIMENT

      1. Introduction

        1. 1.The Employment Rights Order shall be amended as provided in...

      2. Detriment

        1. 2.(1) Article 73 (action short of dismissal on grounds related...

      3. Complaints to industrial tribunal

        1. 3.(1) Article 74 shall be amended as follows.

      4. Consideration of complaint

        1. 4.(1) Article 75 shall be amended as follows.

      5. Remedies

        1. 5.In Article 76 for “action” there shall be substituted “act...

      6. Awards against third parties

        1. 6.In Article 77(1)— (a) in sub-paragraph (a) for “action has...

    3. SCHEDULE 3

      BALLOTS AND NOTICES

      1. Introduction

        1. 1.The Trade Union and Labour Relations Order shall be amended...

      2. Support of ballot

        1. 2.(1) Article 104 (requirement of ballot before action by trade...

      3. Documents for employers

        1. 3.(1) Article 105 (notice of ballot and sample voting paper...

      4. Entitlement to vote

        1. 4.In Article 108 (entitlement to vote in ballot) paragraph (2)...

      5. Separate workplace ballots

        1. 5.The following shall be substituted for Article 109 (separate workplace...

      6. Voting

        1. 6.(1) Article 110 (voting) shall be amended as follows.

      7. Conduct of ballot: merchant seamen

        1. 7.In Article 111 (conduct of ballot) for paragraphs (3) and...

      8. Inducement

        1. 8.After Article 115 insert— Inducement of member denied entitlement to...

      9. Disregard of certain failures

        1. 9.After Article 115A there shall be inserted— Small accidental failures...

      10. Period of ballot’s effectiveness

        1. 10.In Article 117 (period after which ballot ceases to be...

      11. Notice of industrial action

        1. 11.(1) Article 118 (notice to employers of industrial action) shall...

    4. SCHEDULE 4

      LEAVE FOR FAMILY REASONS, ETC.

      1. PART I MATERNITY LEAVE AND PARENTAL LEAVE NEW PART IX OF EMPLOYMENT RIGHTS ORDER

      2. PART II TIME OFF FOR DEPENDANTS PROVISIONS TO BE INSERTED AFTER ARTICLE 85 OF THE EMPLOYMENT RIGHTS ORDER

      3. PART III CONSEQUENTIAL AMENDMENTS

        1. The Employment Rights (Northern Ireland) Order 1996 (NI 16)

          1. 1.In Article 8(3) after sub-paragraph (b) insert “or”.

          2. 2.In Article 21(5)(b) for head (i) substitute—

          3. 3.After Article 70B insert— Leave for family and domestic reasons...

          4. 4.In Article 71(1) for “or 70A” substitute “, 70A or...

          5. 5.In Articles 120(1)(c) and 121(3)(b) after “childbirth” insert “or on...

          6. 6.In Article 124(4)(b) for “maternity leave period” substitute “ordinary or...

          7. 7.In Article 130(6) for “Paragraphs (4) and (5) are” substitute...

          8. 8.For Article 131 substitute— Leave for family reasons (1) An employee who is dismissed shall be regarded for...

          9. 9.In Articles 143(2) and 144(2) for sub-paragraph (a) substitute—

          10. 10.In Article 143(2) after sub-paragraph (cc) insert—

          11. 11.In Article 144(2) after sub-paragraph (c) insert—

          12. 12.In Article 152(1)(b) for “to 162” substitute “and 161”.

          13. 13.In Article 237(2)— (a) after sub-paragraph (aa) insert—

          14. 14.In Article 243(1) after “Article 70,” insert “Article 70C,”.

          15. 15.In Article 244(2)— (a) in sub-paragraph (b) for “and 70”...

          16. 16.In Article 251— (a) at the beginning of paragraph (1)...

    5. SCHEDULE 5

      UNFAIR DISMISSAL OF STRIKING WORKERS

      1. 1.The Employment Rights Order shall be amended as provided by...

      2. 2.In Article 137, in paragraph (1)(c) for “(7)” substitute “(7A)”...

      3. 3.In Articles 140(3) and 141(2) at the end add or...

      4. 4.In Article 144 after paragraph (2) insert—

      5. 5.In Article 144(8) after “this Article” insert “or Article 144A”....

      6. 6.After Article 144 insert— Participation in official industrial action (1) For the purposes of this Article an employee takes...

    6. SCHEDULE 6

      THE CERTIFICATION OFFICER

      1. Introduction

        1. 1.The Industrial Relations (Northern Ireland) Order 1992 shall be amended...

      2. Offenders

        1. 2.(1) Article 13C (application to Certification Officer or court for...

      3. Accounting records

        1. 3.(1) Article 37 (remedy for failure to comply with request...

      4. Procedure before, and appeals from, Certification Officer

        1. 4.(1) Article 70 (procedure before, and appeals from, Certification Officer)...

        2. 5.After Article 70 there shall be inserted— Vexatious litigants (1) The Certification Officer may refuse to entertain any application...

        3. 6.The Trade Union and Labour Relations Order shall be amended...

      5. Register of members

        1. 7.In Article 3 (duty to maintain register of members' names...

        2. 8.In Article 4 (securing confidentiality of register during ballots) the...

        3. 9.(1) Article 5 (application to Certification Officer for declaration of...

        4. 10.(1) Article 6 (application to High Court for declaration of...

      6. Elections

        1. 11.In Article 21 (remedy for failure to comply with the...

        2. 12.(1) Article 22 (application to Certification Officer for declaration of...

        3. 13.(1) Article 23 (application to High Court for declaration of...

      7. Application of funds for political objects

        1. 14.After Article 46 there shall be inserted— Application of funds...

      8. Political ballot rules

        1. 15.In Article 54 (remedy for failure to comply with political...

        2. 16.(1) Article 55 (application to Certification Officer for declaration of...

        3. 17.(1) Article 56 (application to court for declaration of failure...

      9. Political fund

        1. 18.(1) Article 57 (rules as to political fund) shall be...

      10. Employers' associations

        1. 19.(1) In Article 72(2) (provisions about application of funds for...

      11. Amalgamation or transfer of engagements

        1. 20.(1) Article 84 (complaints about procedure relating to amalgamation or...

        2. 21.In Article 90 (provisions about amalgamations and similar matters to...

      12. Breach of union rules

        1. 22.After Part VI there shall be inserted— PART VIA BREACH...

        2. 23.In Article 149(2) (regulations and orders) after “Article 1(2)” insert...

    7. SCHEDULE 7

      EMPLOYMENT AGENCIES

      1. Introduction

        1. 1.The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 shall be...

      2. General regulations

        1. 2.(1) Article 6 (power to make general regulations) shall be...

      3. Charges

        1. 3.For Article 7(1) (restriction on demand or receipt of fee...

      4. Offences

        1. 4.After Article 9 there shall be inserted— Offences: extension of...

      5. Regulations and orders

        1. 5.For Article 10(3) (regulations: procedure) there shall be substituted—

      6. Interpretation

        1. 6.In Article 11(2) (definition of employment agency) for “workers” (in...

      7. Exemptions

        1. 7.For Article 11(5)(g) there shall be substituted—

    8. SCHEDULE 8

      NATIONAL SECURITY

      1. 1.The following shall be substituted for Article 238 of the...

      2. 2.Article 6(7) of the Industrial Tribunals (Northern Ireland) Order 1996...

      3. 3.The following shall be substituted for Article 12 of that...

    9. SCHEDULE 9

      REPEALS

  12. Explanatory Note

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