Article 21 Rights during employmentC1C2
Northern Ireland
Where the calculation is for the purposes of Article 62, the calculation date is—
where the employee's contract has been varied, or a new contract entered into, in connection with a period of short-time working, the last day on which the original contract was in force, and
otherwise, the day in respect of which the guarantee payment is payable.
Where the calculation is for the purposes of Article 81 or 82, the calculation date is the day on which the employer's notice was given.
Where the calculation is for the purposes of Article 84, the calculation date is the day of the appointment.
Where the calculation is for the purposes of Article 85ZF, the calculation date is the day of the appointment.
Where the calculation is for the purposes of Article 85ZK or 85ZM, the calculation date is the day of the appointment.
Where the calculation is for the purposes of Article 90, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.
Where the calculation is for the purposes of Article 91B, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.
Where the calculation is for the purposes of Article 101—
in the case of an employee suspended on medical grounds, the calculation date is the day before that on which the suspension begins, and
in the case of an employee suspended on maternity grounds, the calculation date is—
where the day before that on which the suspension begins falls during a period of ordinary or additional maternity leave, the day before the beginning of that period, and
otherwise, the day before that on which the suspension begins.
Where the calculation is for the purposes of Article 112I, the calculation date is the day on which the application under Article 112F was made.
Annotations
Textual amendments
- F1
Art. 21(3A) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 15(3), 23(1); S.R. 2015/86, art. 3(1)(l)
- F2
Art. 21(3B) inserted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 17(3), 23(1); S.R. 2015/86, art. 4(1)(e)
- F3
- F4
- F5
Modifications
- C1
Arts. 16-24 applied (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 2(3), 16(4), Sch. 1 para. 11 (with reg. 21(1)(5), Sch. 1 para. 3)
- C2
Arts. 16-24 applied (6.4.2006) by Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), reg. 16(4)
Notes on the whole Order
Textual amendments
- F1
functions transfered SR 1999/481
Notes on Chapter IV
Modifications
- C1
Pt. I Ch. IV (arts. 16-25) applied (6.4.2006) by Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (S.R. 2006/48), reg. 17, Sch. para. 3(2)
- C2
Pt. I Ch. IV (arts. 16-25) applied (18.8.2006) by European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 2, 29(2), Sch. 3 para. 22
- C3
Pt. I Ch. IV (arts. 16-25) applied (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 51, Sch. 5 paras. 11(4), 12(4) (with reg. 50)
- C4
Pt. I Ch. IV (arts. 16-25) applied (with modifications) (12.3.2007 with effect from 1.10.2006) by Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations (Northern Ireland) 2007 (S.R. 2007/93), reg. 5(4) (with reg. 9(5))
- C5
Pt. I Ch. IV (arts. 16-25) applied (15.12.2007) by Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 44(2), Sch. 2 para. 20
- C6
Pt. I Ch. IV (arts. 16-25) applied (1.10.2009) by European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402), reg. 27(2) (with reg. 39)