The Employment Rights (Northern Ireland) Order 1996
1996/1919 · Made 23 July 1996 · Extends to Northern Ireland
23rd July 1996
Annotations to the whole text
Textual amendments
- F1
functions transfered SR 1999/481
Modifications
- C1
Order modified (21.2.2009) by Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 3, Sch.
- C2
Order applied (with modifications) (5.10.2010) by Additional Paternity Leave (Adoptions from Overseas) Regulations (Northern Ireland) 2010 (S.R. 2010/296), reg. 25(2)(b)
- C3
Order applied (with modifications) (3.10.2010) by Additional Paternity Leave Regulations (Northern Ireland) 2010 (S.R. 2010/297), reg. 35(2)(b)
- C4
Order applied (with modifications) (8.2.2011 with application as mentioned in reg. 27(a) of the amending regulations) by Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), regs. 1, 27, Sch. 6 Pt. 1
- C5
Order excluded (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 5 para. 15(1)(2)(d); S.I. 2013/1682, art. 3(m)
- C6
Order applied (with modifications) (6.4.2022) by The Parental Bereavement Leave Regulations (Northern Ireland) 2022 (S.R. 2022/166), regs. 1, 15
- C7
Order applied (with modifications) (3.10.2022) by The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/237), regs. 1, 15 (with regs. 16-21)
- C8
Order applied (with modifications) (2.4.2023) by The Parental Bereavement Leave Regulations (Northern Ireland) 2023 (S.R. 2023/55), regs. 1, 15 (with regs. 16-21)
- C9
Order applied (with modifications) (29.9.2023) by The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/156), regs. 1, 15 (with regs. 16-21)
- C10
Order applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 3 paras. 2, 3 (as amended by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 21(2)(f)(4))
Contents
- Part I: INTRODUCTORY AND INTERPRETATION
- Chapter I: CITATION AND COMMENCEMENT
- 1Citation and commencement
- Chapter II: INTERPRETATION – GENERAL
- 2Interpretation – general
- 3Employees, workers
- 4Associated employers
- 5Normal working hours
- Chapter III: CONTINUOUS EMPLOYMENT
- 6Introductory
- 7Period of continuous employment
- 8Weeks counting in computing period
- 9Intervals in employment
- 10Special provisions for redundancy payments
- 11Employment abroad etc.
- 12Industrial disputes
- 13Reinstatement after military service
- 14Change of employer
- 15Reinstatement or re-engagement of dismissed employee
- Chapter IV: A WEEK'S PAY
- Introductory
- 16Introductory
- Employments with normal working hours
- 17General
- 18Remuneration varying according to time of work
- 19Supplementary
- Employments with no normal working hours
- 20Employments with no normal working hours
- The calculation date
- 21Rights during employment
- 22Rights on termination
- Maximum amount of week's pay
- 23Maximum amount
- Miscellaneous
- 24New employments and other special cases
- 25Supplementary
- Part II: ACCESS TO EMPLOYMENT
- 26Refusal of employment on grounds related to union membership
- 27Refusal of service of employment agency on grounds related to union membership
- 28Complaints to industrial tribunal
- 29Determination of complaints
- 30Complaint against employer and employment agency
- 31Awards against third parties
- 32Interpretation and other supplementary provisions
- Part III: EMPLOYMENT PARTICULARS
- Right to statements of employment particulars
- 33Statement of initial employment particulars
- 34Statement of initial particulars: supplementary
- 35Note about disciplinary procedures and pensions
- 36Statement of changes
- 37Exclusion from rights to statements
- 38Reasonably accessible document or collective agreement
- 39Power of Department to require particulars of further matters
- 39AUse of alternative documents to give particulars
- 39BGiving of alternative documents before start of employment
- Right to itemised pay statement
- 40Itemised pay statement
- 41Standing statement of fixed deductions
- 42Power to amend provisions about pay and standing statements
- Enforcement
- 43References to industrial tribunals
- 44Determination of references
- Part IV: PROTECTION OF WAGES
- Deductions by employer
- 45Right not to suffer unauthorised deductions
- 46Excepted deductions
- Payments to employer
- 47Right not to have to make payments to employer
- 48Excepted payments
- Cash shortages and stock deficiencies in retail employment
- 49Introductory
- 50Limits on amount and time of deductions
- 51Wages determined by reference to shortages etc.
- 52Limits on method and timing of payments
- 53Limit on amount of payments
- 54Final instalments of wages
- Enforcement
- 55Complaints to industrial tribunals
- 56Determination of complaints
- 57Determinations: supplementary
- 58Complaints and other remedies
- Supplementary
- 59Meaning of “wages” etc.
- Part IVA: ZERO HOURS WORKERS
- 59AZero hours workers
- Part V: GUARANTEE PAYMENTS
- 60Right to guarantee payment
- 61Exclusions from right to guarantee payment
- 62Calculation of guarantee payment
- 63Limits on amount of and entitlement to guarantee payment
- 64Contractual remuneration
- 65Power to modify provisions about guarantee payments
- 66Complaints to industrial tribunals
- 67Exemption orders
- Part VA: PROTECTED DISCLOSURES
- 67AMeaning of “protected disclosure”
- 67BDisclosures qualifying for protection
- 67CDisclosure to employer or other responsible person
- 67DDisclosure to legal adviser
- 67EDisclosure to Minister of the Crown or a Northern Ireland department
- 67FDisclosure to prescribed person
- 67FAPrescribed persons: duty to report on disclosure of information
- 67GDisclosure in other cases
- 67HDisclosure of exceptionally serious failure
- 67JContractual duties of confidentiality
- 67KExtension of meaning of “worker” etc. for Part VA
- 67KAApplication of Part VA and related provisions to police
- 67LOther interpretative provisions
- Part VI: PROTECTION FROM SUFFERING DETRIMENT ETC. IN EMPLOYMENT
- Chapter I: RIGHTS NOT TO SUFFER DETRIMENT
- 67MJury service
- 68Health and safety cases
- 68AWorking time cases
- 69Trustees of occupational pension schemes
- 70Employee representatives
- 70AEmployees exercising right to time off work for study or training
- 70BProtected disclosures
- 70CLeave for family and domestic reasons
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 70EFlexible working
- 71Complaints to industrial tribunals
- 72Remedies
- 72AApplication to police of Article 68 and related provisions
- Chapter II: DETRIMENT
- 73Detriment on grounds related to union membership or activities
- 74Complaints to industrial tribunal
- 75Consideration of complaint
- 76Remedies
- 77Awards against third parties
- Chapter III: INDUCEMENTS
- 77AInducements relating to union membership or activities
- 77BInducements relating to collective bargaining
- 77CTime limit for proceedings
- 77DConsideration of complaint
- 77ERemedies
- 77FInterpretation and other supplementary provisions
- Part VII: TIME OFF WORK
- Public duties
- 78Right to time off for public duties
- 79Complaints to industrial tribunals
- Looking for work and making arrangements for training
- 80Right to time off to look for work or arrange training
- 81Right to remuneration for time off under Article 80
- 82Complaints to industrial tribunals
- Ante-natal care
- 83Right to time off for ante-natal care
- 84Right to remuneration for time off under Article 83
- 85Complaints to industrial tribunals
- Ante-natal care: agency workers
- 85ZARight to time off for ante-natal care (agency workers)
- 85ZBRight to remuneration for time off under Article 85ZA
- 85ZCComplaints to industrial tribunals: agency workers
- 85ZDAgency workers: supplementary
- Accompanying to ante-natal appointments
- 85ZERight to time off to accompany to ante-natal appointments
- 85ZFComplaint to industrial tribunal
- Accompanying to ante-natal appointments: agency workers
- 85ZGRight to time off to accompany to ante-natal appointments: agency workers
- 85ZHComplaint to industrial tribunal: agency workers
- 85ZIAgency workers: supplementary
- Adoption appointments
- 85ZJRight to paid time off to attend adoption appointments
- 85ZKRight to remuneration for time off under Article 85ZJ
- 85ZLRight to unpaid time off to attend adoption appointments
- 85ZMComplaint to industrial tribunal
- Adoption appointments: agency workers
- 85ZNRight to paid time off to attend adoption appointments: agency workers
- 85ZORight to remuneration for time off under Article 85ZN
- 85ZPRight to unpaid time off to attend adoption appointments: agency workers
- 85ZQComplaint to industrial tribunal: agency workers
- 85ZRAgency workers: supplementary
- 85ZSEntitlement: prospective adopters with whom looked after children are placed
- Dependants
- 85ATime off for dependants
- 85BComplaint to industrial tribunal
- Occupational pension scheme trustees
- 86Right to time off for pension scheme trustees
- 87Right to payment for time off under Article 86
- 88Complaints to industrial tribunals
- Employee representatives
- 89Right to time off for employee representatives
- 90Right to remuneration for time off under Article 89
- 91Complaints to industrial tribunals
- Study or training
- 91ARight to time off for young person for study or training
- 91BRight to remuneration for time off under Article 91A
- 91CComplaints to industrial tribunals
- Trade union duties and activities
- 92Right to time off for carrying out trade union duties
- 92ATime off for union learning representatives
- 93Right to remuneration for time off under Article 92
- 94Right to time off for trade union activities
- 95Complaints to industrial tribunals
- Part VIII: SUSPENSION FROM WORK
- Suspension on medical grounds
- 96Right to remuneration on suspension on medical grounds
- 97Exclusions from right to remuneration
- Suspension on maternity grounds
- 98Meaning of suspension on maternity grounds
- 99Right to offer of alternative work
- 100Right to remuneration
- Ending the supply of an agency worker on maternity grounds
- 100AMeaning of ending the supply of an agency worker on maternity grounds
- 100BRight to offer of alternative work
- 100CRight to remuneration
- 100DAgency workers: supplementary
- General
- 101Calculation of remuneration
- 101ACalculation of remuneration (agency workers)
- 102Complaints to industrial tribunals
- 102AComplaints to industrial tribunals: agency workers
- Part IX
- Chapter I: MATERNITY LEAVE
- 103Ordinary maternity leave
- 104Compulsory maternity leave
- 105Additional maternity leave
- 106Redundancy and dismissal
- 107Articles 103 to 105: supplemental
- Chapter IA: ADOPTION LEAVE
- 107AOrdinary adoption leave
- 107ABOrdinary adoption leave: prospective adopters with whom looked after children are placed
- 107ACPower to apply Article 107A to other cases
- 107BAdditional adoption leave
- 107BAPower to apply Article 107B to other cases
- 107CRedundancy and dismissal
- 107DChapter IA: supplemental
- Chapter 1B: SHARED PARENTAL LEAVE
- 107EEntitlement to shared parental leave: birth
- 107FEntitlement to leave under Article 107E: further provision
- 107GEntitlement to shared parental leave: adoption
- 107HEntitlement to shared parental leave: prospective adopters with whom looked after children are placed
- 107IRegulations under Article 107G: further provision
- 107JPower to apply Articles 107G and 107I to other cases
- 107KRights during and after shared parental leave
- 107LRedundancy and dismissal
- 107MChapter 1B: supplemental
- Chapter II: PARENTAL LEAVE
- 108Entitlement to parental leave
- 109Rights during and after parental leave
- 110Special cases
- 111Supplemental
- 112Complaint to industrial tribunal
- Chapter III: PATERNITY LEAVE
- 112AEntitlement to paternity leave : birth
- 112AAEntitlement to additional paternity leave: birth Repealed
- 112BEntitlement to paternity leave : adoption
- 112BAEntitlement to paternity leave: prospective adopters with whom looked after children are placed
- 112BAAPower to apply Article 112B to other cases
- 112BBEntitlement to additional paternity leave: adoption Repealed
- 112CRights during and after paternity leave
- 112DSpecial cases
- 112EChapter III: supplemental
- Chapter 4: PARENTAL BEREAVEMENT LEAVE
- 112EAParental bereavement leave
- 112EBRights during and after bereavement leave
- 112ECSpecial cases
- 112EDChapter 4: supplemental
- 112EEApplication in relation to stillbirths
- 112EFApplication in relation to miscarriage
- Part IXA: FLEXIBLE WORKING
- 112FStatutory right to request contract variation
- 112GEmployer's duties in relation to application under Artice 112F
- 112HComplaints to industrial tribunals
- 112IRemedies
- Part X: TERMINATION OF EMPLOYMENT
- Minimum period of notice
- 118Rights of employer and employee to minimum notice
- 119Rights of employee in period of notice
- 120Employments with normal working hours
- 121Employments without normal working hours
- 122Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit
- 123Supplementary
- Written statement of reasons for dismissal
- 124Right to written statement of reasons for dismissal
- 125Complaints to industrial tribunal
- Part XI: UNFAIR DISMISSAL
- Chapter I: RIGHT NOT TO BE UNFAIRLY DISMISSED
- The right
- 126The right
- Dismissal
- 127Circumstances in which an employee is dismissed
- 129Effective date of termination
- Fairness
- 130General
- Retirement
- 130ZANo normal retirement age: dismissal before 65 Repealed
- 130ZBNo normal retirement age: dismissal at or after 65 Repealed
- 130ZCNormal retirement age: dismissal before retirement age Repealed
- 130ZDNormal retirement age 65 or higher: dismissal at or after retirement age Repealed
- 130ZENormal retirement age below 65: dismissal at or after retirement age Repealed
- 130ZFReason for dismissal: particular matters Repealed
- 130ZGRetirement dismissals: fairness Repealed
- 130ZHInterpretation Repealed
- Other Dismissals
- 130AProcedural fairness
- 130BJury service
- 131Leave for family reasons
- 132Health and safety cases
- 132AWorking time cases
- 133Trustees of occupational pension schemes
- 134Employee representatives
- 134AProtected disclosure
- 135Assertion of statutory right
- 135AThe national minimum wage
- 135BTax credit
- 135CFlexible working
- 135DPension enrolment
- 135FBlacklists
- 136Trade union membership or activities
- 137Redundancy
- 138Replacements
- 139Pressure on employer to dismiss unfairly
- Exclusion of right
- 140Qualifying period of employment
- 141Upper age limit Repealed
- 142Dismissal procedures agreements
- 143Dismissal of those taking part in unofficial industrial action
- 144Dismissals in connection with other industrial action
- 144AParticipation in official industrial action
- 144BConciliation and mediation: supplementary provisions
- Chapter II: REMEDIES FOR UNFAIR DISMISSAL
- Introductory
- 145Complaints to industrial tribunal
- 146The remedies: orders and compensation
- Orders for reinstatement or re-engagement
- 147The orders
- 148Order for reinstatement
- 149Order for re-engagement
- 150Choice of order and its terms
- 151Enforcement of order and compensation
- Compensation
- 152General
- 153Basic award
- 154Basic award: minimum in certain cases
- 155Basic award of two weeks' pay in certain cases
- 156Basic award: reductions
- 157Compensatory award
- 158Limit of compensatory award etc.
- 158AAdjustments under the Employment (Northern Ireland) Order 2003
- 160Acts which are both unfair dismissal and discrimination
- 161Matters to be disregarded in assessing contributory fault
- Interim relief
- 163Interim relief pending determination of complaint
- 164Procedure on hearing of application and making of order
- 165Order for continuation of contract of employment
- 166Application for variation or revocation of order
- 167Consequence of failure to comply with order
- Chapter III: SUPPLEMENTARY
- 168Death of employer or employee
- 169Awards against third parties
- 169AApplication to police
- Part XII: REDUNDANCY PAYMENTS ETC.
- Chapter I: RIGHT TO REDUNDANCY PAYMENT
- 170The right
- Chapter II: RIGHT ON DISMISSAL BY REASON OF REDUNDANCY
- Dismissal by reason of redundancy
- 171Circumstances in which an employee is dismissed
- 173No dismissal in cases of renewal of contract or re-engagement
- 174Redundancy
- Exclusions
- 175Summary dismissal
- 176Renewal of contract or re-engagement
- 177Employee anticipating expiry of employer's notice
- 178Strike during currency of employer's notice
- 179Provisions supplementary to Article 178
- Supplementary
- 180The relevant date
- 181Provisions supplementing Articles 173 and 176
- Chapter III: RIGHT BY REASON OF LAY-OFF OR SHORT-TIME
- Lay-off and short-time
- 182Meaning of “lay-off” and “short-time”
- 183Eligibility by reason of lay-off or short-time
- Exclusions
- 184Counter-notices
- 185Resignation
- 186Dismissal
- 187Likelihood of full employment
- Supplementary
- 188The relevant date
- 189Provisions supplementing Articles 183 and 187
- Chapter IV: GENERAL EXCLUSIONS FROM RIGHT
- 190Qualifying period of employment
- 191Upper age limit Repealed
- 192Exemption orders
- 193Pension rights Repealed
- 194Public offices etc.
- 195Overseas government employment
- 196Domestic servants
- Chapter V: OTHER PROVISIONS ABOUT REDUNDANCY PAYMENTS
- 197Amount of a redundancy payment
- 198References to industrial tribunals
- 199Claims for redundancy payment
- 200Written particulars of redundancy payment
- Chapter VI: PAYMENTS BY DEPARTMENT
- 201Applications for payments
- 202Making of payments
- 203Amount of payments
- 204Information relating to applications for payments
- 205References to industrial tribunals
- Chapter VII: SUPPLEMENTARY
- Application of Part to particular cases
- 206Employment not under contract of employment
- 207Termination of employment by statute
- 208Employees paid by person other than employer
- Death of employer or employee
- 209Death of employer: dismissal
- 210Death of employer: lay-off and short-time
- 211Death of employee
- Equivalent payments
- 212References to industrial tribunals
- Other supplementary provisions
- 213Old statutory compensation schemes
- 214Notices
- 215Interpretation
- Part XIII: PROCEDURE FOR HANDLING REDUNDANCIES
- Duty of employer to consult representatives of employees
- 216Duty of employer to consult representatives of employees
- 216AElection of employee representatives
- 217Complaint and protective award
- 218Entitlement under protective award
- 219Termination of employment during protected period
- 220Complaint by employee to industrial tribunal
- Duty of employer to notify Department
- 221Duty of employer to notify Department of certain redundancies
- 221ADuty of employer to notify competent authority of a vessel’s flag State of certain redundancies
- 222Offence of failure to notify
- Supplementary provisions
- 223Construction of references to dismissal as redundant etc.
- 224Construction of references to representatives
- 225Power to vary provisions
- 226Power to adapt provisions in case of collective agreement
- Part XIV: INSOLVENCY OF EMPLOYERS
- 227Employee's rights on insolvency of employer
- 228Insolvency
- 229Debts to which Part applies
- 230The appropriate date
- 231Limit on amount payable under Article 227
- 232Role of relevant officer
- 233Complaints to industrial tribunals
- 234Transfer to Department of rights and remedies
- 235Power to obtain information
- Part XV: MISCELLANEOUS
- Chapter I: PARTICULAR TYPES OF EMPLOYMENT
- Crown employment etc.
- 236Crown employment
- 237Armed forces
- 238National security
- Excluded classes of employment
- 239Employment outside Northern Ireland
- 241Short-term employment
- 242Mariners
- 243Police officers
- Chapter II: OTHER MISCELLANEOUS MATTERS
- Restrictions on disclosure of information
- 244National security etc.
- Contracting out etc. and remedies
- 245Restrictions on contracting out
- 246Law governing employment
- 247Remedy for infringement of certain rights
- General provisions about death of employer or employee
- 248Institution or continuance of tribunal proceedings
- 249Rights and liabilities accruing after death
- 249ATime limits in relation to certain mediated cross-border disputes Repealed
- Extension of certain time limits
- 249BExtension of time limits to facilitate conciliation before institution of proceedings
- Modifications of Order
- 250Powers to amend Order
- Part XVI: GENERAL AND SUPPLEMENTARY
- General
- 251Orders and regulations
- 252Financial provisions
- Reciprocal arrangements
- 253Reciprocal arrangements with Great Britain
- 254Reciprocal arrangements with Isle of Man
- Final provisions
- 256Transitionals, savings and transitory provisions
- 257Repeals and revocations
- Schedule Schedule
- Schedule 2: TRANSITIONAL PROVISIONS, SAVINGS AND TRANSITORY PROVISIONS
- Part I: TRANSITIONAL PROVISIONS AND SAVINGS
- General transitionals and savings
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Preservation of old transitionals and savings
- 6Paragraph 6
- Employment particulars
- 7Paragraph 7
- Monetary limits in old cases
- 8Paragraph 8
- Periods of employment
- 9Paragraph 9
- 10Paragraph 10
- Part II: TRANSITORY PROVISIONS
- Occupational pension scheme trustees
- 11Paragraph 11
- Armed forces
- 12Paragraph 12
- Paragraph
- Schedule Schedule