N.I.
Employment Act (Northern Ireland) 2016
2016 CHAPTER 15
An Act to make provision relating to conciliation and other matters in connection with industrial tribunals and the Fair Employment Tribunal, including power to refer to chairmen as employment judges; to amend the law relating to protected disclosures; to make provision for disclosure of gender pay information; to make provision for zero hours contracts; to confer power on the Department for Employment and Learning in connection with careers guidance and apprenticeships; to correct references relating to statutory shared parental pay; to make other provision relating to employment; and for connected purposes.
[22nd April 2016]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
Industrial tribunalsN.I.
Conciliation before and after institution of proceedingsN.I.
Extension of limitation periods to allow conciliationN.I.
Extended power to define “relevant proceedings” for conciliation purposesN.I.
Power to require party to proceedings to pay depositN.I.
Fair Employment TribunalN.I.
Conciliation before and after complaint to Fair Employment TribunalN.I.
Extension of time limit to allow conciliationN.I.
Power to require party to proceedings to pay depositN.I.
Prospective
Assessment of matters relating to tribunal proceedingsN.I.
Assessment of matters relating to tribunal proceedingsN.I.
8—(1) The Department may by regulations make provision for a prescribed person to provide relevant parties with an assessment in accordance with the regulations of prescribed matters in connection with any tribunal proceedings which might be or have been instituted by one or more of those parties.
(2) In this section—
“prescribed” means prescribed by regulations under this section;
“relevant parties” means such persons as may be prescribed;
“tribunal proceedings” means prescribed proceedings before an industrial tribunal or the Fair Employment Tribunal.
(3) Regulations under this section are subject to negative resolution.
ReviewsN.I.
Review of early conciliationN.I.
9—(1) The Department must review the operation of—
(a)Articles 20 to 20C of the Industrial Tribunals (Northern Ireland) Order 1996;
(b)Articles 46B and 88ZA to 88ZC of the Fair Employment and Treatment (Northern Ireland) Order 1996; and
(c)the amendments made by Schedules 1 and 2,
at the end of the period of one year beginning with the commencement of this section.
(2) The Department shall, having consulted with relevant stakeholders including employers, lay the findings of this review in a report to the Assembly.
(3) The report shall in particular include—
(a)a synopsis of consultation responses;
(b)an assessment and evaluation of the effectiveness of these provisions;
(c)the number of cases overall, the number of cases dealt with by early conciliation, the average length of time taken to deal with cases and the outcome of cases;
(d)any savings directly attributable to the introduction of these provisions.
(4) The Department shall also review and report as in subsections (2) and (3) at the end of the period of three years beginning with the coming into operation of early conciliation.
Prospective
Review of Section 8: assessment of matters relating to tribunal proceedingsN.I.
10—(1) The Department must review the operation of section 8 at the end of the period of one year beginning with the commencement of that section.
(2) The Department shall, having consulted with relevant stakeholders including employers, lay the findings of this review in a report to the Assembly.
(3) The report shall in particular include—
(a)a synopsis of consultation responses;
(b)an assessment and evaluation of the effectiveness of section 8;
(c)the number of cases overall, the number dealt with in accordance with regulations under section 8, the average length of time taken to deal with cases and the outcomes of the cases;
(d)any savings directly attributable to the introduction of regulations under section 8.
(4) The Department shall also review and report as in subsections (2) and (3) at the end of the period of three years beginning with the coming into operation of section 8.
Employment judgesN.I.
Employment judges: industrial tribunalsN.I.
11 In Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996 (industrial tribunals), after paragraph (2) add—
“(3) Regulations under paragraph (1) may provide that—
(a)the President and Vice-President of the Industrial Tribunals and the Fair Employment Tribunal, and
(b)any person who is a member of a panel of chairmen of tribunals which is appointed in accordance with regulations made under that paragraph,
may be referred to as an employment judge.”.
Employment judges: Fair Employment TribunalN.I.
12 In Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998 (President, Vice-President and Chairmen), in paragraph (5), after the words “regulations under Article 81” add “ and regulations under that Article may provide that a person so appointed may be referred to as an employment judge ”.
Protected disclosuresN.I.
Disclosures not protected unless believed to be made in the public interestN.I.
13 In Article 67B of the Employment Rights (Northern Ireland) Order 1996 (disclosures qualifying for protection), in paragraph (1), after “in the reasonable belief of the worker making the disclosure,” insert “ is made in the public interest and ”.
Commencement Information
I1S. 13 in operation at 1.10.2017 by S.R. 2017/199, art. 2(1)
Power to reduce compensation where disclosure not made in good faithN.I.
14—(1) Omit the words “in good faith” in the following provisions of Part 5A of the Employment Rights (Northern Ireland) Order 1996 (protected disclosures)—
(a)paragraph (1) of Article 67C (disclosure to employer or other responsible person);
(b)paragraph (b) of Article 67E (disclosure to Minister of the Crown or Northern Ireland department);
(c)paragraph (1)(a) of Article 67F (disclosure to prescribed person).
(2) In Article 67G of that Order (disclosure in other cases), in paragraph (1)—
(a)omit sub-paragraph (a);
(b)in sub-paragraph (b), for “he” substitute “ the worker ”.
(3) In Article 67H of that Order (disclosure of exceptionally serious failures), in paragraph (1)—
(a)omit sub-paragraph (a);
(b)in sub-paragraph (b), for “he” substitute “ the worker ”.
(4) In Article 72 of that Order (remedies), after paragraph (6) insert—
“(6A) Where—
(a)the complaint is made under Article 71(1A), and
(b)it appears to the tribunal that the protected disclosure was not made in good faith,
the tribunal may, if it considers it just and equitable in all the circumstances to do so, reduce any award it makes to the worker by no more than 25%.”.
(5) In Article 157 of that Order (compensatory award), after paragraph (6) insert—
“(6A) Where—
(a)the reason (or principal reason) for the dismissal is that the complainant made a protected disclosure; and
(b)it appears to the tribunal that the disclosure was not made in good faith,
the tribunal may, if it considers it just and equitable in all the circumstances to do so, reduce any award it makes to the worker by no more than 25%.”.
Commencement Information
I2S. 14 in operation at 1.10.2017 by S.R. 2017/199, art. 2(1)
Protected disclosures: reporting requirementsN.I.
15 After Article 67F of the Employment Rights (Northern Ireland) Order 1996 (disclosure to prescribed person) insert—
“Prescribed persons: duty to report on disclosure of information
67FA—(1) The Department may make regulations requiring a person prescribed for the purposes of Article 67F to produce an annual report on disclosures of information made to the person by workers.
(2) The regulations must set out the matters that are to be covered in a report, but must not require a report to provide detail that would enable either of the following to be identified—
(a)a worker who has made a disclosure;
(b)an employer or other person in respect of whom a disclosure has been made.
(3) The regulations must make provision about the publication of a report, and such provision may include (but is not limited to) any of the following requirements—
(a)to send the report to the Department for laying before the Assembly or to the Secretary of State for laying before both Houses of Parliament;
(b)to include the report in another report or in information required to be published by the prescribed person;
(c)to publish the report on a website.
(4) The regulations may make provision about the time period within which a report must be produced and published.”.
Commencement Information
I3S. 15 in operation at 1.10.2017 by S.R. 2017/199, art. 2(1)
Worker subjected to detriment by co-worker or agent of employerN.I.
16—(1) In Article 70B of the Employment Rights (Northern Ireland) Order 1996 (protected disclosures), after paragraph (1) insert—
“(1A) A worker (“W”) has the right not to be subjected to any detriment by any act, or any deliberate failure to act, done—
(a)by another worker of W's employer in the course of that other worker's employment, or
(b)by an agent of W's employer with the employer's authority,
on the ground that W has made a protected disclosure.
(1B) Where a worker is subjected to detriment by anything done as mentioned in paragraph (1A), that thing is treated as also done by the worker's employer.
(1C) For the purposes of paragraph (1B), it is immaterial whether the thing is done with the knowledge or approval of the worker's employer.
(1D) In proceedings against W's employer in respect of anything alleged to have been done as mentioned in paragraph (1A)(a), it is a defence for the employer to show that the employer took all reasonable steps to prevent the other worker—
(a)from doing that thing, or
(b)from doing anything of that description.
(1E) A worker or agent of W's employer is not liable by reason of paragraph (1A) for doing something that subjects W to detriment if—
(a)the worker or agent does that thing in reliance on a statement by the employer that doing it does not contravene this Order, and
(b)it is reasonable for the worker or agent to rely on the statement.
But this does not prevent the employer from being liable by reason of paragraph (1B).”.
(2) In Article 71 of that Order (complaints to industrial tribunals), in paragraph (5)—
(a)for “includes, where” substitute “includes—
“(a)where”;
(b)at the end insert—
“(b)in the case of proceedings against a worker or agent under Article 70B(1A), the worker or agent.”.
Commencement Information
I4S. 16 in operation at 1.10.2017 by S.R. 2017/199, art. 2(1)
Extension of meaning of “worker”N.I.
17—(1) Article 67K of the Employment Rights (Northern Ireland) Order 1996 (extension of meaning of “worker”) is amended as follows.
(2) In paragraph (1), after sub-paragraph (c) insert—
“(ca)is or was provided with work experience provided pursuant to a course of education or training approved by, or under arrangements with, the Nursing and Midwifery Council in accordance with Article 15(6)(a) of the Nursing and Midwifery Order 2001 (S.I. 2002/253); or”.
(3) In paragraph (2)(c), after “sub-paragraph” insert “ (ca) or ”.
(4) After paragraph (3) add—
“(4) The Department may by order make amendments to this Article as to what individuals count as “workers” for the purposes of this Part (despite not being within the definition in Article 3(3)).
(5) An order under paragraph (4) may not make an amendment that has the effect of removing a category of individual unless the Department is satisfied that there are no longer any individuals in that category.”.
Commencement Information
I5S. 17 in operation at 1.10.2017 by S.R. 2017/199, art. 2(1)
Zero hours workersN.I.
Zero hours workersN.I.
18 After Article 59 of the Employment Rights (Northern Ireland) Order 1996 (meaning of “wages” etc.) insert—
“PART IVA N.I.ZERO HOURS WORKERS
Zero hours workers
59A—(1) The Department may by regulations make such provision as the Department considers appropriate for the purpose of preventing abuses arising out of or in connection with the use of—
(a)zero hours contracts;
(b)non-contractual zero hours arrangements; or
(c)worker's contracts of a kind specified by the regulations.
(2) In this Article—
“non-contractual zero hours arrangement” means an arrangement other than a worker's contract under which—
an employer and an individual agree terms on which the individual will do any work where the employer makes it available to the individual and the individual agrees to do it, but
the employer is not required to make any work available to the individual, nor the individual required to accept it;
and in this Article “employer”, in relation to a non-contractual zero hours arrangement, is to be read accordingly;
“zero hours contract” means a contract of employment or other worker's contract under which—
the undertaking to do or perform work is an undertaking to do so conditionally on the employer making work available to the worker; and
there is no certainty that any such work will be made available to the worker.
(3) For the purposes of this Article—
(a)an employer makes work available to a worker if the employer requests or requires the worker to do the work; and
(b)references to work and doing work include references to services and performing them.
(4) The worker's contracts which may be specified under paragraph (1)(c) are those in relation to which the Department considers it appropriate for provision made by the regulations to apply, having regard, in particular, to provision made by the worker's contracts as to income, rate of pay or working hours.
(5) Regulations under this Article may amend or repeal any statutory provision (including paragraphs (2) to (4)).”.
Prospective
Gender pay and disclosure of informationN.I.
Gender pay gap informationN.I.
19—(1) Employers must, in accordance with regulations to be made by the Department under this section, publish—
(a)information relating to the pay of employees for the purpose of showing whether, by reference to factors of such description as is prescribed, there are differences in the pay of male and female employees; and
(b)details of the methodology used to calculate any statistics contained in the information.
(2) Where there are differences in the pay of male and female employees, an employer must publish an action plan to eliminate those differences.
(3) A copy must be sent to all employees and any trade union recognised by the employer.
(4) The Department may prescribe by regulations a limit to the total number of employees and workers in an organisation below which this section does not apply.
(5) Regulations under subsection (4) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
(6) The regulations must prescribe—
(a)descriptions of employer;
(b)descriptions of employee;
(c)how to calculate the number of employees that an employer has;
(d)a standardised method for calculating any differences in the pay of male and female employees;
(e)descriptions of information;
(f)a requirement that information include statistics on workers within each pay band in relation to—
(i)ethnicity, and
(ii)disability;
(g)the time at which information is to be published; and
(h)the form and manner in which it is to be published.
(7) The first regulations under this section must be made by 30 June 2017.
(8) Regulations under subsection (6)(g) may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months or less frequently than at intervals of 36 months.
(9) The regulations shall make provision for a failure to comply with the regulations—
(a)to be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale for every employee;
(b)to be enforced, otherwise than as an offence, by such means as are prescribed.
(10) The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer.
(11) Within 18 months of the day on which this Act receives Royal Assent, the Department must, in consultation with trade unions, publish a strategy including an action plan, on eliminating differences in the pay of male and female employees.
[F1(12) For the purposes of this section, “the Department” means the Department for Communities.]
Textual Amendments
F1S. 19(12) substituted (2.6.2021) by The Departments (Transfer of Functions) Order (Northern Ireland) 2021 (S.R. 2021/114), art. 1(2), Sch. para. 1 (with art. 2(2)(a)(b))
Modifications etc. (not altering text)
C1S. 19: Transfer of functions (2.6.2021) by The Departments (Transfer of Functions) Order (Northern Ireland) 2021 (S.R. 2021/114), arts. 1(2), 3 (with art. 2(2)(a)(b))
Careers guidanceN.I.
Careers guidanceN.I.
20 In section 1 of the Employment and Training Act (Northern Ireland) 1950 (general functions of Department as to employment and training for employment), after subsection (3) insert—
“(4) The Department must make arrangements under this section for providing careers guidance for such persons as the Department considers appropriate.
(5) The guidance must—
(a)be provided in an impartial manner; and
(b)be in the best interests of the person receiving it.
(6) The Department may by regulations make such provision concerning arrangements under subsection (4) as the Department considers appropriate, including provision requiring the guidance to be delivered or otherwise provided by a person who has such qualifications as the Department may determine.
(7) In this section “careers guidance” means guidance on—
(a)what employments are available to and suitable for the persons receiving the guidance; and
(b)what education and training may be available to those persons to prepare them for those employments”
ApprenticeshipsN.I.
ApprenticeshipsN.I.
21 In section 1 of the Employment and Training Act (Northern Ireland) 1950 (general functions of Department as to employment and training for employment), after subsection (7) (inserted by section 20) add—
“(8) The Department may by regulations provide that arrangementsmust be made under this section for providing apprenticeships and traineeships for such persons as may be specified in the regulations subject to such conditions as may be so specified.
(9) Regulations under subsection (8) may make provision as to the components of apprenticeships and traineeships.”.
MiscellaneousN.I.
Indexation of amounts: timing and roundingN.I.
Prohibition on disclosure of information held by the Labour Relations AgencyN.I.
Variation in procedures for certain orders and regulationsN.I.
Statutory shared parental pay: correction of referencesN.I.
References to tribunal jurisdictions to which Articles 17 and 27 of the Employment (Northern Ireland) Order 2003 applyN.I.
SupplementaryN.I.
RepealsN.I.
27 The statutory provisions set out in Schedule3 are repealed to the extent specified in the second column of that Schedule.
Commencement Information
I6S. 27 in operation at 1.10.2017 for specified purposes by S.R. 2017/199, art. 2(2)
InterpretationN.I.
28 In this Act, except in section 19, “the Department” means the Department for Employment and Learning.
CommencementN.I.
29—(1) This section, section 28 and section 30 come into operation on the day after the day on which this Act receives Royal Assent.
(2) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.
Short titleN.I.
30 This Act may be cited as the Employment Act (Northern Ireland) 2016.
SCHEDULES
Section 1(2).
SCHEDULE 1N.I.CONCILIATION: MINOR AND CONSEQUENTIAL AMENDMENTS
Employment Rights (Northern Ireland) Order 1996 (NI 16)N.I.
1 In Article 245 (restrictions on contracting out), in paragraph (2)(e), for “Article 20” substitute “ any of Articles 20A to 20C ”.N.I.
Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)N.I.
2 In Article 9 (industrial tribunal procedure regulations), in paragraph (3ZA)(b), after “form” insert “ (including certificates issued under Article 20A(4)) ”.N.I.
3—(1) Amend Article 20 (conciliation) as follows.N.I.
(2) At the end of the heading add “ : relevant proceedings etc. ”.
(3) In paragraph (1), for the words before sub-paragraph (a) substitute “ In this Article and Articles 20A to 20C “relevant proceedings” means industrial tribunal proceedings— ”.
(4) In paragraph (1)(b)—
(a)after “38” insert “ , 44B ”;
(b)after “Order 1995” insert “ or paragraph 156 of Schedule 1A to that Order ”.
(5) In paragraph (1)(cc), for “20(1)(b)” substitute “ 19D(1)(b) ”.
(6) In paragraph (1) omit sub-paragraphs (e) and (m).
(7) After paragraph (1) insert—
“(1A) Articles 20A and 20B apply in the case of matters which could be the subject of relevant proceedings, and Article 20C applies in the case of relevant proceedings themselves.”.
(8) Omit paragraphs (2) to (5).
(9) In paragraphs (6) and (7), for “this Article” substitute “ any of Articles 20A to 20C ”.
4 In Article 21A (conciliation: recovery of sums payable under compromises), in paragraph (1)(a)(i), for “Article 20” substitute “ any of Articles 20A to 20C ”.N.I.
National Minimum Wage Act 1998 (c. 39)N.I.
5 In section 49 (restrictions on contracting out), in subsection (2)(b), for “Article 20” substitute “ any of Articles 20A to 20C ”.N.I.
Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13)N.I.
6 In section 58 (restrictions on agreements to limit the operation of Part 1 of that Act), in subsection (3), for “Article 20” substitute “ any of Articles 20A to 20C ”.N.I.
Section 2.
SCHEDULE 2N.I.EXTENSION OF LIMITATION PERIODS TO ALLOW FOR CONCILIATION
Equal Pay Act (Northern Ireland) 1970 (c. 32)N.I.
1 In section 2ZA (“qualifying date” under section 2(4)), in subsections (3) to (6), for “section ZAA” substitute “ sections 2ZAA and 2ZAB ”.N.I.
2 After section 2ZAA insert—N.I.
“2ZAB Extension of time limits to facilitate conciliation before institution of proceedings
(1) This section applies for the purpose of determining the qualifying date under section 2ZA in relation to proceedings on a complaint under section 2(1) which are relevant proceedings within the meaning of Article 20 of the Industrial Tribunals (Northern Ireland) Order 1996.
But it does not apply in relation to a dispute that is (or to so much of a dispute that is) a relevant cross-border dispute within the meaning of section 2ZAA.
(2) In this section—
(a)Day A is the day on which the complainant concerned complies with the requirement in paragraph (1) of Article 20A of the Industrial Tribunals (Northern Ireland) Order 1996 (requirement to contact Agency before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)Day B is the day on which the complainant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under paragraph (11) of that Article) the certificate issued under paragraph (4) of that Article.
(3) In determining the qualifying date under section 2ZA, the period beginning with the day after Day A and ending with Day B is not to be counted.
(4) If the qualifying date would (if not extended by this subsection) fall during the period beginning with Day A and ending one month after Day B, the qualifying date falls instead at the end of that period.”.
Sex Discrimination (Northern Ireland) Order 1976 (NI 15)N.I.
3 In Article 76 (period within which proceedings must be brought), after paragraph (1) insert—N.I.
“(1A) Article 249B of the Employment Rights (Northern Ireland) Order 1996 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (1)(a).
(1B) Paragraphs (1) and (1A) shall be treated as provisions of the Employment Rights (Northern Ireland) Order 1996 for the purposes of Article 249B of that Order.”.
Trade Union and Labour Relations (Northern Ireland) Order 1995 (NI 12)N.I.
4 In Article 33 (complaint of infringement of right under Article 31), after paragraph (2) insert—N.I.
“(2A) Article 147A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
5 In Article 36 (complaint of infringement of rights under Article 35), after paragraph (1) insert—N.I.
“(1A) Article 147A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (1)(a).”.
6—(1) Article 39 (time limit for proceedings under Article 38) is amended as follows.N.I.
(2) The existing text becomes paragraph (1).
(3) After that paragraph insert—
“(2) Article 147A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (1).”.
7 In Article 44C (Article 44B: complaint to industrial tribunal), after paragraph (2) insert—N.I.
“(2A) Article 147A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
8 In Article 61 (complaint in respect of employer's failure under Article 60), after paragraph (2) insert—N.I.
“(2A) Article 147A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
9 After Article 147 (employment governed by foreign law) insert—N.I.
“Extension of certain time limitsN.I.
Extension of time limits to facilitate conciliation before institution of proceedings
147A—(1) This Article applies where this Order provides for it to apply for the purposes of a provision of this Order (a “relevant provision”).
(2) In this Article—
(a)Day A is the day on which the complainant concerned complies with the requirement in paragraph (1) of Article 20A of the Industrial Tribunals (Northern Ireland) Order 1996 (requirement to contact Agency before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)Day B is the day on which the complainant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under paragraph (11) of that Article) the certificate issued under paragraph (4) of that Article.
(3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(4) If a time limit set by a relevant provision would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(5) Where an industrial tribunal has power under this Order to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this Article.”.
10 In Schedule 1A (collective bargaining: recognition), in paragraph 157 (complaint to industrial tribunal: contravention of paragraph 156), after sub-paragraph (3) add—N.I.
“(4) Article 147A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a).”.
Disability Discrimination Act 1995 (c. 50)N.I.
11 In Part 1 of Schedule 3 (enforcement and procedure), in paragraph 3, after sub-paragraph (1) insert—N.I.
“(1A) Article 249B of the Employment Rights (Northern Ireland) Order 1996 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a).
(1B) Sub-paragraphs (1) and (1A) shall be treated as provisions of the Employment Rights (Northern Ireland) Order 1996 for the purposes of Article 249B of that Order.”.
Employment Rights (Northern Ireland) Order 1996 (NI 16)N.I.
12 In Article 28 (complaint to industrial in respect of employer's failure under Article 26 or 27), after paragraph (4) add—N.I.
“(5) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
13 In Article 43 (references to industrial tribunals: contravention of Articles 33, 36 and 40), after paragraph (4) add—N.I.
“(5) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (4)(a).”.
14 In Article 55 (complaints to industrial tribunals: contravention of Article 45, 47, 50(1) or 53(1)), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”.
15 In Article 66 (complaints to industrial tribunals: guarantee payments), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
16 In Article 71 (complaints to industrial tribunals: rights not to suffer detriment), after paragraph (3) insert—N.I.
“(3A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (3)(a).”.
17. In Article 74 (complaints to industrial tribunal in respect of employer's failure under Article 73), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
18—(1) Article 77C (time limit for proceedings under Articles 77A and 77B) is amended as follows.N.I.
(2) The existing text becomes paragraph (1).
(3) After that paragraph add—
“(2) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (1)(a).”.
19 In Article 79 (complaints to industrial tribunals: contravention of Article 78), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
20 In Article 82 (complaints to industrial tribunals: contravention of Article 80 or 81), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
21 In Article 85 (complaints to industrial tribunals: contravention of Article 83 or 84), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
22 In Article 85ZC (complaints to industrial tribunals: contravention of Article 85ZA or 85ZB), after paragraph (3) insert—N.I.
“(3A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (3).”.
23 In Article 85ZF (right to time off to accompany to ante-natal appointments), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
24 In Article 85ZH (complaint to industrial tribunal: agency workers), after paragraph (3) insert—N.I.
“(3A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (3)(a).”.
25 In Article 85ZM (complaint to industrial tribunal: contravention of Article 85ZJ, 85ZK or 85ZL), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
26 In Article 85ZQ (complaint to industrial tribunal: contravention of Article 85ZN, 85ZO or 85ZP), after paragraph (3) insert—N.I.
“(3A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (3)(a).”.
27 In Article 85B (complaints to industrial tribunals: contravention of Article 85A), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
28 In Article 88 (complaints to industrial tribunals: contravention of Article 86 or 87), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
29 In Article 91 (complaints to industrial tribunals: contravention of Article 89 or 90), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
30 In Article 91C (complaints to industrial tribunals: contravention of Article 91A or 91B), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
31 In Article 95 (complaints to industrial tribunals in respect of employer's failure under Articles 92 to 94), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
32 In Article 95F (complaints to industrial tribunals: contravention of Article 95C(4), (5) or (6) or 95F(1)(b)), after paragraph (5) insert—N.I.
“(5A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (5)(a).”.
33 In Article 102 (complaints to industrial tribunals: contravention of Articles 96 or 100), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
34 In Article 102A (complaints to industrial tribunals: contravention of Article 100C), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
35 In Article 112 (complaints to industrial tribunals: parental leave), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
36 In Article 112H (complaints to industrial tribunals: contravention of Article 112G(1) or 112H(1)(b)), after paragraph (6) add—N.I.
“(7) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (5)(a).”.
37 In Article 145 (complaints to industrial tribunals: unfair dismissal), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
38 In Article 199 (claims for redundancy payment), after paragraph (3) add—N.I.
“(4) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraphs (1)(c) and (2).”.
39 In Article 217 (complaint in respect of failure to comply with Article 216 or 216A), after paragraph (5) insert—N.I.
“(5A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (5)(b).”.
40 In Article 220 (complaint by employee to industrial tribunal), after paragraph (2) insert—N.I.
“(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”.
41 After Article 249A (time limits in relation to certain mediated cross-border disputes) insert—N.I.
“Extension of certain time limitsN.I.
Extension of time limits to facilitate conciliation before institution of proceedings
249B—(1) This Article applies where this Order provides for it to apply for the purposes of a provision of this Order (a “relevant provision”).
But it does not apply to a dispute which is a relevant cross-border dispute for the purposes of Article 249A.
(2) In this Article—
(a)Day A is the day on which the complainant concerned complies with the requirement in paragraph (1) of Article 20A of the Industrial Tribunals (Northern Ireland) Order 1996 (requirement to contact Agency before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)Day B is the day on which the complainant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under paragraph (11) of that Article) the certificate issued under paragraph (4) of that Article.
(3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(4) If a time limit set by a relevant provision would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(5) Where an industrial tribunal has power under this Order to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this Article.”.
Race Relations (Northern Ireland) Order 1997 (NI 6)N.I.
42 In Article 65 (period within which proceedings to be brought), after paragraph (1) insert—N.I.
“(1A) Article 249B of the Employment Rights (Northern Ireland) Order 1996 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (1)(a).
(1B) Paragraphs (1) and (1A) shall be treated as provisions of the Employment Rights (Northern Ireland) Order 1996 for the purposes of Article 249B of that Order.”.
National Minimum Wage Act 1998 (c. 39)N.I.
43 In section 11 (failure of employer to allow access to records), after subsection (4A) insert—N.I.
“(4B) Where the complaint is presented to an industrial tribunal in Northern Ireland, Article 249B of the Employment Rights (Northern Ireland) Order 1996 applies for the purposes of subsection (3) and that subsection and this subsection are to be treated as provisions of that Order for the purposes of that Article.”.
Employment Relations (Northern Ireland) Order 1999 (NI 9)N.I.
44 In Article 13 (complaint to industrial tribunal), after paragraph (2) insert—N.I.
“(2A) Article 249B of the Employment Rights Order (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).
(2B) Paragraphs (2) and (2A) shall be treated as provisions of the Employment Rights Order for the purposes of Article 249B of that Order.”.
Section 27.
SCHEDULE 3N.I.REPEALS
Commencement Information
I7Sch. 3 in operation at 1.10.2017 for specified purposes by S.R. 2017/199, art. 2(2)
Short Title | Extent of Repeal |
---|---|
Employment Rights (Northern Ireland) Order 1996 (NI 16) | In Article 67C(1), the words “in good faith”. |
In Article 67E(b), the words “in good faith”. | |
In Article 67F(1)(a), the words “in good faith”. | |
In Article 67G(1), sub-paragraph (a). | |
In Article 67H(1), sub-paragraph (a). | |
In Article 67K(1), the word “or” at the end of sub-paragraph (c). | |
Industrial Tribunals (Northern Ireland) Order 1996 (NI 18) | In Article 11(2)(a), the words “, if he wishes to continue to participate in those proceedings,”. |
In Article 20, in paragraph (1), sub-paragraphs (e) and (m) and paragraphs (2) to (5). | |
Fair Employment and Treatment (Northern Ireland) Order 1998 (NI 21) | Article 38(1A). |
In Article 46(1), the words from “and to any regulations” to “2003”. | |
In Article 84B(2)(a), the words “, if he wishes to continue to participate in those proceedings,”. | |
In Article 88, paragraphs (1) and (2). | |
Employment Relations (Northern Ireland) Order 1999 (NI 9) | In Article 33(2), the words “as soon as practicable”. |
Employment (Northern Ireland) Order 2003 (NI 15) | In Schedule 2, the entry relating to regulation 45 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004. |
In Schedule 4, the entry relating to regulation 45 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004. | |
In Schedule 5, paragraph 4(1) and (2). | |
Employment Act (Northern Ireland) 2011 (c. 13) | Sections 8 and 9. |
Sections 12 and 13. |