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Employment Relations (1999 Order) (Commencement No. 4 and Transitional Provisions) Order (Northern Ireland) 2000

S.R. 2000/373 · Made 24 November 2000 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 24 November 2000.

EMPLOYMENT

Made 24th November 2000

The Department of Higher and Further Education, Training and Employment, in exercise of the powers conferred by Articles 1(2) and 39(3) of the Employment Relations (Northern Ireland) Order 1999f1 and now vested in itf2, and of every other power enabling it in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

S.I. 1999/2790 (N.I. 9)

f2

The Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Employment Relations (Northern Ireland) Order 1999 to the Department of Higher and Further Education, Training and Employment

Contents

  1. 1Citation and interpretation
  2. 2Commencement
  3. 3Transitional provisions
  4. 4Transitional provisions
  5. Signature
  6. Explanatory note

1Citation and interpretationI1

(1)

This Order may be cited as the Employment Relations (1999 Order) (Commencement No. 4 and Transitional Provisions) Order (Northern Ireland) 2000.

(2)

In this Order—

  • “the 1995 Order” means the Trade Union and Labour Relations (Northern Ireland) Order 1995f1;

  • “the 1996 Order” means the Employment Rights (Northern Ireland) Order 1996f2;

  • “the 1999 Order” means the Employment Relations (Northern Ireland) Order 1999.

2CommencementI1

The following provisions of the 1999 Order shall come into operation on 8th March 2001—

(a)

Article 3 and Schedule 1 (collective bargaining: recognition);

(b)

Article 7 (Training);

(c)

Article 8 (unfair dismissal connected with recognition: interim relief);

(d)

Article 25 (proceedings of the Industrial Court).

3Transitional provisionsI1

(1)

In Schedule 1A to the 1995 Order, which is inserted by Schedule 1 to the 1999 Order—

(a)

paragraphs 156 to 160 (detriment) have effect in relation to an act or failure to act only where the act or failure takes place on or after 8th March 2001; and

(b)

paragraphs 161 to 162 (dismissal to be regarded as unfair for the purposes of Part XI of the 1996 Order) have effect in relation to an employee’s dismissal only where the effective date of termination (within the meaning of Article 129 of the 1996 Order) falls on or after 8th March 2001.

(2)

For the purposes of paragraph (1)(a)—

(a)

where an act extends over a period, the reference to the date of the act is a reference to the last day of that period; and

(b)

a failure to act is to be treated as done when it was decided on.

(3)

For the purposes of paragraph (2)(b) an employer shall be taken to decide on a failure to act—

(a)

when he does an act inconsistent with doing the failed act, or

(b)

if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.

4Transitional provisionsI1

The amendments to Part XI of the 1996 Order made by Article 8 of the 1999 Order have effect in relation to an employee’s dismissal only where the effective date of termination (within the meaning of Article 129 of the 1996 Order) falls on or after 8th March 2001.

Signature

Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on 24th November 2000.

L.S.

Seán Farren

Minister of Higher and Further Education,

Training and Employment

Explanatory note

(This note is not part of the Order.)

This Order brings into operation on 8th March 2001, Articles 3, 7, 8 and 25 of, and Schedule 1 to, the Employment Relations (Northern Ireland) Order 1999. These provisions amend Part XI of the Industrial Relations (Northern Ireland) Order 1992, amend Part IV of the Trade Union and Labour Relations (Northern Ireland) Order 1995 and insert a new Schedule 1A into that Order, and amend Part XI of the Employment Rights (Northern Ireland) Order 1996, in connection with the right of trade unions to be recognised in certain circumstances to conduct collective bargaining on behalf of workers. Articles 3 and 4 of the Order contain transitional provisions relating to dismissal and detriment.