Paragraph 5 I1

Northern Ireland

(1)

This paragraph applies in a case where—

(a)

notice of dismissal is given on or after 1st October 2006 and is for a period shorter than—

(i)

the period required by the contract of employment; or

(ii)

if longer, the period required by Article 118 of the 1996 Order; and

(b)

the period of notice expires on a date falling before 1st April 2007.

(2)

Where this paragraph applies—

(a)

the duty to notify in accordance with paragraph 2 of Schedule 5 does not apply;

(b)

the duty to notify in accordance with paragraph 4 of Schedule 5 applies as if—

(i)

the employer had failed to notify in accordance with paragraph 2 of that Schedule; and

(ii)

the duty was one to notify at any time before the expiry date;

(c)

a request shall be treated as being a request made under paragraph 5 of Schedule 5 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—

(i)

before any notification given in accordance with paragraph 4 of Schedule 5; or

(ii)

after such notification and—

(aa)

where practicable, at least four weeks before the expiry date; or

(bb)

where that is not practicable, as soon as reasonably practicable (whether before or after the expiry date) after the employer notified the employee of his right to make a request, but not more than four weeks after the expiry date.

Annotations

Commencement

I1: Sch. 6 para. 5 in operation at 1.10.2006 in so far as not already in operation, see reg. 1(1)