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Article 16 Trade disputes

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where—

(a)

there is a stoppage of work which causes a person not to be employed on any day, and

(b)

the stoppage is due to a trade dispute at his place of work,

that person, is not entitled to a jobseeker's allowance for the week which includes that day unless he proves that he is not directly interested in the dispute.

(2)

A person who withdraws his labour on any day in furtherance of a trade dispute, but to whom paragraph (1) does not apply, is not entitled to a jobseeker's allowance for the week which includes that day.

(3)

If a person who is prevented by paragraph (1) from being entitled to a jobseeker's allowance proves that during the stoppage—

(a)

he became bona fide employed elsewhere;

(b)

his employment was terminated by reason of redundancy within the meaning ofF1 Article 174(1) of the Employment Rights (Northern Ireland) Order 1996, or

(c)

he bona fide resumed employment with his employer but subsequently left for a reason other than the trade dispute,

paragraph (1) shall be taken to have ceased to apply to him on the occurrence of the event referred to in sub-paragraph (a) or (b) or (as the case may be) the first event referred to in sub-paragraph (c).

(4)

In this Article “place of work”, in relation to any person, means the premises or place at which he was employed.

(5)

Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of paragraph (4), be deemed to be separate premises or (as the case may be) a separate place.

Annotations

Textual amendments

F1

1996 NI 16

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481

F2

mod. by SR 1999/350