INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 49



49.(1) An employer proposing to dismiss as redundant an employee of a
description in respect of which an independent trade union is recognised by
him shall consult representatives of that trade union about the dismissal in
accordance with the following provisions of this Article.

(2) In this Article and Article 50, "trade union representative" in relation
to a trade union means an official or other person authorised to carry on
collective bargaining with the employer in question by that trade union.

(3) The consultation required by this Article shall begin at the earliest
opportunity, and shall in any event begin

(a)where the employer is proposing to dismiss as redundant 100 or more
employees at one establishment within a period of 90 days or less, at least 90
days before the first of those dismissals takes effect; or

(b)where the employer is proposing to dismiss as redundant 10 or more
employees at one establishment within a period of 30 days or less, [at least
30 days] before the first of those dismissals takes effect.

(4) In determining for the purpose of paragraph (3) whether an employer is
proposing to dismiss as redundant 100 or more, or, as the case may be, 10 or
more, employees within the periods mentioned in that paragraph, no account
shall be taken of employees whom he proposes to dismiss as redundant in
respect of whose proposed dismissals consultation has already begun.

(5) For the purposes of the consultation required by this Article the employer
shall disclose in writing to trade union representatives

(a)the reasons for his proposals;

(b)the numbers and descriptions of employees whom it is proposed to dismiss as
redundant;

(c)the total number of employees of any such description employed by the
employer at the establishment in question;

(d)the proposed method of selecting the employees who may be dismissed; and

(e)the proposed method of carrying out the dismissals, with due regard to any
agreed procedure, including the period over which the dismissals are to take
effect.

(6) The information which is to be given to trade union representatives under
this Article shall be delivered to them, or sent by post to an address
notified by them to the employer, or sent by post to the union at the address
of its head or main office.

(7) In the course of the consultation required by this Article the employer
shall

(a)consider any representations made by the trade union representatives; and

(b)reply to those representations and, if he rejects any of those
representations, state his reasons.

(8) If in any case there are special circumstances which render it not
reasonably practicable for the employer to comply with any of the requirements
of paragraph (3), (5) or (7), the employer shall take all such steps towards
compliance with that requirement as are reasonably practicable in those
circumstances.

(9) This Article shall not be construed as conferring any rights on a trade
union or an employee except as provided by Articles 51 to 53.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 49