Paragraph 11 Complaint to industrial tribunal: failure to comply with paragraph 2I1

Northern Ireland

(1)

An employee may present a complaint to an industrial tribunal that his employer has failed to comply with the duty to notify him in paragraph 2.

(2)

A tribunal shall not consider a complaint under this paragraph unless the complaint is presented—

(a)

before the end of the period of three months beginning with—

(i)

the last day permitted to the employer by paragraph 2 for complying with the duty to notify; or

(ii)

if the employee did not then know the date that would be the intended date of retirement, the day on which he knew or should have known that date; or

(b)

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.

(3)

Where a tribunal finds that a complaint under this paragraph is well-founded, it shall order the employer to pay compensation to the employee of such amount, not exceeding 8 weeks' pay, as the tribunal considers just and equitable in all the circumstances.

(4)

Chapter IV of Part I of the 1996 Order (a week’s pay) shall apply for the purposes of sub-paragraph (3); and in applying that Chapter the calculation date shall be taken to be the date on which the complaint was presented or, if earlier, the operative date of termination.

(5)

The limit in Article 23(1) of the 1996 Order^f1 (maximum amount of a week’s pay) shall apply for the purposes of sub-paragraph (3).

Annotations

Commencement

I1: Sch. 5 para. 11 in operation at 1.10.2006 in so far as not already in operation, see reg. 1(1)

Footnotes

f1: Article 23(1) was amended by paragraph 4 of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) and paragraph 2(2) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15). The amount laid down in Article 23(1) may be increased or decreased by order made by the Department for Employment and Learning under Article 33 of the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)): see S.R. 2006 No. 75