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Statutory Rules of Northern Ireland

1999 No. 277

EMPLOYMENT

Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order (Northern Ireland) 1999

Made

16th June 1999

Coming into operation

18th July 1999

The Department of Economic Development, in exercise of the powers conferred on it by Articles 250(1)(c), (2) and 251 (6) of the Employment Rights (Northern Ireland) Order 1996(1), and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order (Northern Ireland) 1999 and shall come into operation on 18th July 1999.

Interpretation

2.  In this Order “the Order of 1996” means the Employment Rights (Northern Ireland) Order 1996.

Qualifying period for written statement of reasons for dismissal

3.  Article 124(3) of the Order of 1996 is varied so that for the reference to “two years” there is substituted a reference to “one year”.

Qualifying period for unfair dismissal

4.  Article 140(1) of the Order of 1996 is varied so that for the reference to “two years” there is substituted a reference to “one year”.

5.  In Article 140(2) of the 1996 Order for the words “two years” there shall be substituted the words “one year”.

Transitional provision

6.  The provisions of Articles 3 to 5 shall have effect in all cases where the effective date of termination falls on or after 18th July 1999.

Sealed with the Official Seal of the Department of Economic Development on

L.S.

R. B. Gamble

Assistant Secretary

16th June 1999.

Explanatory Note

(This note is not part of the Order.)

This Order, which comes into operation on 18th July 1999, lowers the qualifying period of continuous employment needed to acquire the right not to be unfairly dismissed from two years to one year. It also lowers the qualifying period of continuous employment needed for the entitlement, on request, to a written statement of reasons for dismissal from two years to one year.

The Order contains a transitional provision having the effect that the new qualifying periods will apply to all employees whose effective date of termination, within the meaning of Article 129 of the Employment Rights (Northern Ireland) Order 1996, falls on or after 18th July 1999.