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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Employment Relations (Northern Ireland) Order 1999 (N.I. 9) URL: http://www.bailii.org/nie/legis/num_orders/1999/19992790.html |
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Made | 12th October 1999 | ||
Laid before Parliament | 26th October 1999 | ||
Coming into operation on days to be appointed under Article 1(2) |
1. | Title and commencement. |
2. | Interpretation. |
3. | Collective bargaining: recognition. |
4. | Detriment related to trade union membership. |
5. | Blacklists. |
6. | Ballots and notices. |
7. | Training. |
8. | Unfair dismissal connected with recognition: interim relief. |
9. | Maternity and parental leave. |
10. | Time-off for dependants. |
11. | Consequential amendments. |
12. | Right to be accompanied. |
13. | Complaint to industrial tribunal. |
14. | Detriment and dismissal. |
15. | Interpretation. |
16. | Contracting out and conciliation. |
17. | National security employees. |
18. | Unfair dismissal of striking workers. |
19. | Collective agreements: detriment and dismissal. |
20. | Agreement to exclude dismissal rights. |
21. | Part-time work: discrimination. |
22. | Part-time work: code of practice. |
23. | Code of practice: supplemental. |
24. | Power to confer rights on individuals. |
25. | The Industrial Court. |
26. | The Agency: general duty. |
27. | Abolition of Commissioners. |
28. | The Certification Officer for Northern Ireland. |
29. | Partnerships at work. |
30. | Employment agencies. |
31. | Employment rights: employment outside Northern Ireland. |
32. | Unfair dismissal: special and additional awards. |
33. | Indexation of amounts, etc. |
34. | Guarantee payments. |
35. | Articles 32 to 34: consequential. |
36. | Compensatory awards, etc.: removal of limits in certain cases. |
37. | Transfer of undertakings. |
38. | National security. |
39. | Orders and regulations. |
40. | Repeals. |
Schedule 1 - | Collective bargaining: recognition. |
Schedule 2 - | Union membership: detriment. |
Schedule 3 - | Ballots and notices. |
Schedule 4 - | Leave for family reasons, etc. |
Part I - | Maternity leave and parental leave. |
Part II - | Time off for dependants. |
Part III - | Consequential amendments. |
Schedule 5 - | Unfair dismissal of striking workers. |
Schedule 6 - | The Certification Officer. |
Schedule 7 - | Employment agencies. |
Schedule 8 - | National security. |
Schedule 9 - | Repeals. |
(3) Immediately before Schedule 2 there shall be inserted the Schedule set out in Schedule 1 to this Order.
Detriment related to trade union membership
4.
Schedule 2 shall have effect.
Blacklists
5.
- (1) The Department may make regulations prohibiting the compilation of lists which -
(2) The Department may make regulations prohibiting -
(3) Regulations under this Article may, in particular -
(4) Regulations under this Article creating an offence may not provide for it to be punishable -
(5) In this Article -
(6) Subject to paragraph (5), expressions used in this Article and in the Trade Union and Labour Relations Order have the same meaning in this Article as in that Order.
Ballots and notices
6.
Schedule 3 shall have effect.
Training
7.
- (1) In Part IVA of the Trade Union and Labour Relations Order (collective bargaining: recognition) as inserted by Article 3, there shall be inserted after Article 44A -
(2) The employer must from time to time invite the trade union to send representatives to a meeting for the purpose of -
(3) The date set for a meeting under paragraph (2) must not be later than -
(4) The employer shall, before the period of two weeks ending with the date of a meeting, provide to the trade union any information -
(5) Article 40(1) of the 1992 Order shall apply in relation to the provision of information under paragraph (4) as it applies in relation to the disclosure of information under Article 39 of that Order.
(6) The employer shall take account of any written representations about matters raised at a meeting which he receives from the trade union within the period of four weeks starting with the date of the meeting.
(7) Where more than one trade union is recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, a reference in this Article to "the trade union" is a reference to each trade union.
(8) Where at a meeting under this Article (Meeting 1) an employer indicates his intention to convene a subsequent meeting (Meeting 2) before the expiry of the period of six months beginning with the date of Meeting 1, for the reference to a period of six months in paragraph (2)(b) there shall be substituted a reference to the expected period between Meeting 1 and Meeting 2.
(9) The Department may by order amend any of paragraphs (2) to (6).
(10) No order shall be made under paragraph (9) unless a draft has been laid before, and approved by resolution of, the Assembly.
Article 44B: complaint to industrial tribunal
44C.
- (1) A trade union may present a complaint to an industrial tribunal that an employer has failed to comply with his obligations under Article 44B in relation to a bargaining unit.
(2) An industrial tribunal shall not consider a complaint under this Article unless it is presented -
(3) Where an industrial tribunal finds a complaint under this Article well-founded it -
(4) The amount of the award shall not, in relation to each person, exceed two weeks' pay.
(5) For the purpose of paragraph (4) a week's pay -
(6) Proceedings for enforcement of an award of compensation under this Article -
(2) In Article 149(2) of the Trade Union and Labour Relations Order after "1(2)," there shall be inserted "44B(9),".
Unfair dismissal connected with recognition: interim relief
8.
In Articles 163(1)(b) and 164(1) of the Employment Rights Order (interim relief) after "136(1)" there shall be inserted "or in paragraph 161(2) of Schedule 1A to the Trade Union and Labour Relations Order".
(2) Where this Article applies the employer must permit the worker to be accompanied at the hearing by a single companion who -
(3) A person is within this paragraph if he is -
(4) If -
the employer must postpone the hearing to the time proposed by the worker.
(5) An alternative time must -
(6) An employer shall permit a worker to take time off during working hours for the purpose of accompanying another of the employer's workers in accordance with a request under paragraph (1)(b).
(7) Articles 92(3) and (4), 93, 95 and 247(1) of the Employment Rights Order (time off for carrying out trade union duties) shall apply in relation to paragraph (6) as they apply in relation to Article 92(1) of that Order.
Complaint to industrial tribunal
13.
- (1) A worker may present a complaint to an industrial tribunal that his employer has failed, or threatened to fail, to comply with Article 12(2) or (4).
(2) A tribunal shall not consider a complaint under this Article in relation to a failure or threat unless the complaint is presented -
(3) Where a tribunal finds that a complaint under this Article is well-founded it shall order the employer to pay compensation to the worker of an amount not exceeding two weeks' pay.
(4) Chapter IV of Part I of the Employment Rights Order (calculation of a week's pay) shall apply for the purposes of paragraph (3); and in applying that Chapter the calculation date shall be taken to be -
(5) The limit in Article 23(1) of the Employment Rights Order (maximum amount of week's pay) shall apply for the purposes of paragraph (3).
(6) No award shall be made under paragraph (3) in respect of a claim which is made in the course of a claim for unfair dismissal if the tribunal makes a supplementary award under Article 162A(2) of the Employment Rights Order (internal appeal procedures).
Detriment and dismissal
14.
- (1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that he -
(2) Article 71 of the Employment Rights Order shall apply in relation to contraventions of paragraph (1) as it applies in relation to contraventions of certain Articles of that Order.
(3) A worker who is dismissed shall be regarded for the purposes of Part XI of the Employment Rights Order as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he -
(4) Articles 140 and 141 of that Order (qualifying period of employment and upper age limit) shall not apply in relation to paragraph (3).
(5) Articles 163 to 167 of that Order (interim relief) shall apply in relation to dismissal for the reason specified in paragraph (3)(a) or (b) as they apply in relation to dismissal for a reason specified in Article 163(1)(b) of that Order.
(6) In the application of Chapter II of Part XI of that Order in relation to paragraph (3), a reference to an employee shall be taken as a reference to a worker.
Interpretation
15.
- (1) In Articles 12 to 14 and this Article "worker" means an individual who is -
(2) In paragraph (1) "agency worker" means an individual who -
and, for the purposes of Articles 12 to 14, both the agent and the principal are employers of an agency worker.
(3) In paragraph (1) "home worker" means an individual who -
and, for the purposes of Articles 12 to 14, the person mentioned in sub-paragraph (a) is the home worker's employer.
(4) For the purposes of Article 12 a disciplinary hearing is a hearing which could result in -
(5) For the purposes of Article 12 a grievance hearing is a hearing which concerns the performance of a duty by an employer in relation to a worker.
(6) For the purposes of Article 12(5)(b) a working day is a day other than -
Contracting out and conciliation
16.
Articles 12 to 15 shall be treated as provisions of Chapter I of Part VI of the Employment Rights Order for the purposes of -
National security employees
17.
Articles 12 to 15 shall not apply in relation to a person employed for the purposes of -
Unfair dismissal of striking workers
18.
Schedule 5 shall have effect.
Collective agreements: detriment and dismissal
19.
- (1) The Department may make regulations about cases where a worker -
on the grounds that he refuses to enter into a contract which includes terms which differ from the terms of a collective agreement which applies to him.
(2) The regulations may make provision which applies only in specified classes of case.
(3) In this Article -
(4) The payment of higher wages or higher rates of pay or overtime or the payment of any signing on or other bonuses or the provision of other benefits having a monetary value to other workers employed by the same employer shall not constitute a detriment to any worker not receiving the same or similar payments or benefits within the meaning of paragraph (1)(a) so long as -
Agreement to exclude dismissal rights
20.
- (1) In Article 240 of the Employment Rights Order (fixed-term contracts) paragraph (1) (agreement to exclude unfair dismissal provisions) shall be omitted; and paragraphs (2) to (5) shall have effect in consequence.
(2) In Articles 68(4), 69(2), 70(2), 70A(2) and 70B(2) of that Order -
(3) In Article 68A(4) of that Order the words from ", unless" to the end shall be omitted.
(4) In Schedule 2 to the Shops (Sunday Trading &.) (Northern Ireland) Order 1997, paragraph 11(5) shall be omitted.
(5) In -
the words from "except" to the end shall be omitted.
(6) Article 240(1) of the Employment Rights Order does not prevent Part XI of that Order from applying to a dismissal which is regarded as unfair by virtue of Article 131 or 135 of that Order (pregnancy and childbirth, and assertion of statutory right).
Part-time work: discrimination
21.
- (1) The Department shall make regulations for the purpose of securing that persons in part-time employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than persons in full-time employment.
(2) The regulations may -
(3) The regulations may -
(4) Without prejudice to the generality of this Article the regulations may make any provision which appears to the Department to be necessary or expedient -
(5) Regulations under this Article which create an offence -
Part-time work: code of practice
22.
- (1) The Department may issue codes of practice containing guidance for the purpose of -
(2) The Department may revise a code and issue the whole or part of the revised code.
(3) A person's failure to observe a provision of a code does not make him liable to any proceedings.
(4) A code -
Code of practice: supplemental
23.
- (1) Before issuing or revising a code of practice under Article 22 the Department shall consult such persons as it considers appropriate.
(2) Before issuing a code the Department shall -
(3) If, having followed the procedure under paragraph (2), the Department decides to issue a code, the Department shall lay a draft code before the Assembly.
(4) If the draft code is approved by resolution of the Assembly, the Department shall issue the code in the form of the draft.
(5) In this Article and Article 22(3) and (4) -
Power to confer rights on individuals
24.
- (1) This Article applies to any right conferred on an individual against an employer (however defined) under any of the following -
(2) The Department may by order make provision which has the effect of conferring any such right on individuals who are of a specified description.
(3) The reference in paragraph (2) to individuals includes a reference to individuals expressly excluded from exercising the right.
(4) An order under this Article may -
(5) An order under this Article may make provision in such way as the Department thinks fit, whether by amending statutory provisions or otherwise.
(6) Article 250(4) of the Employment Rights Order (which is superseded by this Article) shall be omitted.
(7) Any order made or having effect as if made under Article 250(4), so far as effective immediately before the coming into operation of this Article, shall have effect as if made under this Article.
may perform any of the functions of chairman of the Court.
(6) At any time when every person who is chairman or deputy chairman is absent or otherwise incapable of acting, or there is no such person, such member of the Court as the Department may direct may perform any of the functions of the chairman of the Court.
(7) The members of the Court shall hold and vacant office in accordance with their terms of appointment.
(8) The Department shall pay to the members of the Court such remuneration and such travelling and other allowances as may be determined by the Department with the approval of the Department of Finance and Personnel and may pay to any other persons such allowances as the Department may, with the approval of the Department of Finance and Personnel, determine for the purposes of, or in connection with, their attendance at proceedings of the Court.
Proceedings of the Court
92.
- (1) For the purposes of discharging any of its functions, the Court shall consist of such of the members of the Court as the chairman may direct.
(2) If in any case the Court cannot reach a unanimous decision on its award, the chairman shall decide the matter acting with the full powers of an umpire.
(3) The Department may make, or authorise the Industrial Court to make, rules regulating the procedure of the Court and such rules may provide -
(4) Except as provided by rules under paragraph (3)(f), no person shall be entitled to appear in any proceedings before the Court by counsel or solicitor.
(5) Where any trade dispute referred to the Court under Article 84(2)(e) involves questions as to wages or as to hours of work or otherwise as to the terms and conditions of or affecting employment which are regulated by any statutory provision, the Court shall not make any award which is inconsistent with that statutory provision.
(6) Subject to paragraphs (1) to (5), the Court shall determine its own procedure.
(7) The Arbitration Act (Northern Ireland) 1937 shall not apply to any proceedings before the Court.
(8) In relation to the discharge of the Court's functions under Schedule 1A to the Trade Union and Labour Relations Order -
Proceedings of the Court under Schedule 1A to the Trade Union and Labour Relations Order
92A.
- (1) For the purpose of discharging its functions under Schedule 1A to the Trade Union and Labour Relations Order in any particular case, the Industrial Court shall consist of a panel established under this Article.
(2) The chairman of the Court shall establish a panel or panels, and a panel shall consist of these three persons appointed by him -
(3) The chairman of the Court shall decide which panel is to deal with a particular case.
(4) A panel may at the discretion of its chairman sit in private where it appears expedient to do so.
(5) If -
the question shall be decided according to that opinion.
(6) If -
the chairman of the panel shall decide the question acting with the full powers of an umpire.
(7) The Department may make, or authorise the Court to make, rules regulating the procedure of the Court in discharging its functions under Schedule 1A to the Trade Union and Labour Relations Order.
(8) Subject to the above provisions, a panel shall determine its own procedure.
(9) The Court may correct in any decision or declaration of the Court under Schedule 1A to the Trade Union and Labour Relations Order any clerical mistake or error arising from an accidental slip or omission.
(10) If any question arises as to the interpretation of a decision or declaration of the Court under that Schedule any party may apply to the Court for a decision; and the Court shall decide the question after hearing the parties or, if the parties consent, without a hearing and shall notify the parties.".
The Agency: general duty
26.
In Article 83(1) of the Industrial Relations (Northern Ireland) Order 1992 (general duty of the Agency) the words from ", in particular" to the end shall be omitted.
Abolition of Commissioners
27.
- (1) These offices shall cease to exist -
(2) In the Trade Union and Labour Relations Order these provisions shall cease to have effect -
(3) In Article 11A of the Industrial Relations (Northern Ireland) Order 1992 (statement to members of union following annual return) in the third paragraph of paragraph (6)(a) (application for assistance from the Northern Ireland Commissioner for the Rights of Trade Union Members) for the words from "may" to "case," there shall be substituted "should".
The Certification Officer for Northern Ireland
28.
Schedule 6 shall have effect.
(2) In Article 242 of that Order (mariners) after paragraph (6) insert -
(8) The provisions are -
Unfair dismissal: special and additional awards
32.
- (1) Articles 151(4)(b), 152(2) and (3) and 159 of the Employment Rights Order (which require, or relate to, the making of special awards by industrial tribunals in unfair dismissal cases) shall cease to have effect.
(2) In Article 151(3)(b) of the Employment Rights Order (amount of additional award) for "the appropriate amount" there shall be substituted "an amount not less than twenty-six nor more than fifty-two weeks' pay"; and paragraphs (5) and (6) of Article 151 shall cease to have effect.
(3) In Article 15 of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 paragraph (1) shall cease to have effect.
Indexation of amounts, etc.
33.
- (1) This Article applies to the sums specified in the following provisions -
(2) If the retail prices index for September of a year is higher or lower than the index for the previous September, the Department shall as soon as practicable make an order in relation to each sum mentioned in paragraph (1) -
by the same percentage as the amount of the increase or decrease of the index.
(3) In making the calculation required by paragraph (2) the Department shall -
(4) For the sum specified in Article 158(1) of the Employment Rights Order (unfair dismissal: limit of compensatory award) there shall be substituted the sum of £50,000 (subject to paragraph (2) above).
(5) In this Article "the retail prices index" means -
(6) An order under this Article shall be laid before the Assembly after being made.
Guarantee payments
34.
For Article 63(7) of the Employment Rights Order (guarantee payments: limits) there shall be substituted -
Articles 32 to 34: consequential
35.
- (1) Articles 23(2) to (4), 154(2), 158(2) and 231(2) of the Employment Rights Order (which confer power to increase sums) shall cease to have effect.
(2) An increase effected, before Article 33 comes into operation, by virtue of a provision repealed by this Article shall continue to have effect notwithstanding this Article (but subject to Article 33(2) and (4)).
Compensatory awards, etc.: removal of limits in certain cases
36.
- (1) After Article 158(1) of the Employment Rights Order (limit of compensatory award etc.) there shall be inserted -
(2) Article 162B of that Order (power to specify method of calculation of compensation where dismissal a result of protected disclosure) shall cease to have effect.
Transfer of undertakings
37.
- (1) This Article applies where regulations under section 2(2) of the European Communities Act 1972 (general implementation of Treaties) make provision for the purpose of implementing, or for a purpose concerning, a Community obligation of the United Kingdom which relates to the treatment of employees on the transfer of an undertaking or business or part of an undertaking or business.
(2) The Department may by regulations make the same or similar provision in relation to the treatment of employees in circumstances other than those to which the Community obligation applies (including circumstances in which there is no transfer, or no transfer to which the Community obligation applies).
(3) Regulations under this Article shall be subject to negative resolution.
National security
38.
Schedule 8 shall have effect.
(2) Paragraph (1) applies to -
(3) Regulations and orders under this Order may contain incidental, supplementary, transitional or saving provisions.
Repeals
40.
The statutory provisions mentioned in Schedule 9 are repealed (or revoked) to the extent specified in column 3 of that Schedule.
A.K. Galloway
Clerk of the Privy Council
(2) To find the average under sub-paragraph (1)(b) -
(3) For the purposes of sub-paragraph (1)(a) any worker employed by an associated company incorporated outside Northern Ireland must be ignored unless the day the request was made fell within a period during which he ordinarily worked in Northern Ireland.
(4) For the purposes of sub-paragraph (1)(b) any worker employed by an associated company incorporated outside Northern Ireland must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Northern Ireland.
(5) For the purposes of sub-paragraphs (3) and (4) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Northern Ireland unless -
(6) The Department may by order -
(7) No order shall be made under sub-paragraph(6) unless a draft of it has been laid before, and approved by a resolution of, the Assembly.
8.
The request is not valid unless it -
9.
The Department may by order prescribe the form of requests and the procedure for making them, and if it does so the request is not valid unless it complies with the order.
11.
- (1) This paragraph applies if -
(2) The union (or unions) may apply to the Court to decide both these questions -
12.
- (1) Sub-paragraph (2) applies if -
(2) The union (or unions) may apply to the Court to decide both these questions -
(3) Sub-paragraph (4) applies if -
(4) The union (or unions) may apply to the Court to decide the question whether the union has (or unions have) the support of a majority of the workers constituting the bargaining unit.
(5) But no application may be made under this paragraph if within the period of 10 working days starting with the day after that on which the employer informs the union (or unions) under paragraph 10(2) the employer proposes that the Agency be requested to assist in conducting the negotiations and -
13.
The Court must give notice to the parties of receipt of an application under paragraph 11 or 12.
14.
- (1) This paragraph applies if -
(2) A relevant application is an application under paragraph 11 or 12.
(3) In relation to a relevant application, the relevant bargaining unit is -
(4) Within the acceptance period the Court must decide, with regard to each relevant application, whether the 10 per cent test is satisfied.
(5) The 10 per cent test is satisfied if members of the union (or unions) constitute at least 10 per cent of the workers constituting the relevant bargaining unit.
(6) The acceptance period is -
(7) If the Court decides that -
the Court must not accept any of the relevant applications.
(8) If the Court decides that the 10 per cent test is satisfied with regard to one only of the relevant applications the Court -
(9) The Court must give notice of its decision to the parties.
(10) If by virtue of this paragraph the Court does not accept an application, no further steps are to be taken under this Part in relation to that application.
15.
- (1) This paragraph applies to these applications -
(2) Within the acceptance period the Court must decide whether -
(3) In deciding those questions the Court must consider any evidence which it has been given by the employer or the union (or unions).
(4) If the Court decides that the request is not valid or the application is not made in accordance with paragraph 11 or 12 or is not admissible -
(5) If the Court decides that the request is valid and the application is made in accordance with paragraph 11 or 12 and is admissible it must -
(6) The acceptance period is -
16.
- (1) If an application under paragraph 11 or 12 is accepted by the Court, the union (or unions) may not withdraw the application -
(2) If an application is withdrawn by the union (or unions) -
17.
- (1) This paragraph applies if the Court has received an application under paragraph 11 or 12 and -
(2) No further steps are to be taken under this Part if, before the final event occurs, the parties give notice to the Court that they want no further steps to be taken.
(3) The final event occurs when the first of the following occurs -
and the notification period is that defined by paragraph 24(5) and arising from the application.
19.
- (1) This paragraph applies if -
(2) The Court must decide the appropriate bargaining unit within -
(3) In deciding the appropriate bargaining unit the Court must take these matters into account -
(4) The matters are -
(5) The Court must give notice of its decision to the parties.
(2) Within the decision period the Court must decide whether the application is invalid within the terms of paragraphs 43 to 50.
(3) In deciding whether the application is invalid, the Court must consider any evidence which it has been given by the employer or the union (or unions).
(4) If the Court decides that the application is invalid -
(5) If the Court decides that the application is not invalid it must -
(6) The decision period is -
21.
- (1) This paragraph applies if -
(2) This paragraph also applies if the Court accepts an application under paragraph 12(4).
(3) The Court must proceed with the application.
22.
- (1) This paragraph applies if -
(2) The Court must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit.
(3) But if any of the three qualifying conditions is fulfilled, instead of issuing a declaration under sub-paragraph (2) the Court must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
(4) These are the three qualifying conditions -
(5) For the purposes of sub-paragraph (4)(c) membership evidence is -
23.
- (1) This paragraph applies if -
(2) The Court must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
24.
- (1) This paragraph applies if the Court gives notice under paragraph 22(3) or 23(2).
(2) Within the notification period -
may notify the Court that the party making the notification does not (or the parties making the notification do not) want the Court to arrange for the holding of the ballot.
(3) If the Court is so notified -
(4) If the Court is not so notified it must arrange for the holding of the ballot.
(5) The notification period is the period of 10 working days starting -
25.
- (1) This paragraph applies if the Court arranges under paragraph 24 for the holding of a ballot.
(2) The ballot must be conducted by a qualified independent person appointed by the Court.,
(3) The ballot must be conducted within -
(4) The ballot must be conducted -
depending on the Court's preference.
(5) In deciding how the ballot is to be conducted the Court must take into account -
(6) The Court may not decide that the ballot is to be conducted as mentioned in sub-paragraph (4)(c) unless there are special factors making such a decision appropriate; and special factors include -
(7) A person is a qualified independent person if -
(8) An order under sub-paragraph (7)(a) shall be subject to negative resolution.
(9) As soon as is reasonably practicable after the Court is required under paragraph 24 to arrange for the holding of a ballot it must inform the parties -
26.
- (1) An employer who is informed by the Court under paragraph 25(9) must comply with the following three duties.
(2) The first duty is to co-operate generally, in connection with the ballot, with the union (or unions) and the person appointed to conduct the ballot; and the second and third duties are not to prejudice the generality of this.
(3) The second duty is to give to the union (or unions) such access to the workers constituting the bargaining unit as is reasonable to enable the union(or unions) to inform the workers of the object of the ballot and to seek their support and their opinions on the issues involved.
(4) The third duty is to do the following (so far as it is reasonably to expect the employer to do so) -
(5) As soon as is reasonably practicable after the Court receives any information under sub-paragraph (4) it must pass it on to the person appointed to conduct the ballot.
(6) If asked to do so by the union (or unions) the person appointed to conduct the ballot must send to any worker -
any information supplied by the union (or unions) to the person so appointed.
(7) The duty under sub-paragraph (6) does not apply unless the union bears (or unions bear) the cost of sending the information.
(8) Each of the following powers shall be taken to include power to issue Codes of Practice about reasonable access for the purposes of sub-paragraph (3) -
27.
- (1) If the Court is satisfied that the employer has failed to fulfil any of the three duties imposed by paragraph 26, and the ballot has not been held, the Court may order the employer -
(2) If the Court is satisfied that the employer has failed to comply with an order under sub-paragraph (1), and the ballot has not been held, the Court may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.
(3) If the Court issues a declaration under sub-paragraph (2) it shall take steps to cancel the holding of the ballot; and if the ballot is held it shall have no effect.
28.
- (1) This paragraph applies if the holding of a ballot has been arranged under paragraph 24 whether or not it has been cancelled.
(2) The gross costs of the ballot shall be borne -
(3) If there is more than one union they shall bear their half of the gross costs -
(4) The person appointed to conduct the ballot may send to the employer and the union (or each of the unions) a demand stating -
(5) In such a case the recipient must pay the amount stated to the person sending the demand, and must do so within the period of 15 working days starting with the day after that on which the demand is received.
(6) If the amount stated is not paid in accordance with sub-paragraph (5) it shall, if a county court so orders, be recoverable as if it were payable under an order of that court.
(7) References to the costs of the ballot are to -
29.
- (1) As soon as is reasonably practicable after the Court is informed of the result of a ballot by the person conducting it, the Court must act under this paragraph.
(2) The Court must inform the employer and the union (or unions) of the result of the ballot.
(3) If the result is that the union is (or unions are) supported by -
the Court must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.
(4) If the result is otherwise the Court must issue a declaration that the union is (or unions are) not entitled to be so recognised.
(5) The Department may by order amend sub-paragraph (3) so as to specify a different degree of support.
(6) No order shall be made under sub-paragraph(5) unless a draft of it has been laid before, and approved by a resolution of, the Assembly.
(5) The start day is the day after that on which the parties are notified of the declaration.
31.
- (1) This paragraph applies if an application for assistance is made to the Court under paragraph 30.
(2) The Court must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining.
(3) If at the end of the agreement period the parties have not made such an agreement the Court must specify to the parties the method by which they are to conduct collective bargaining.
(4) Any method specified under sub-paragraph (3) is to have effect as if it were contained in a legally enforceable contract made by the parties.
(5) But if the parties agree in writing -
the written agreement shall have effect as a legally enforceable contract made by the parties.
(6) Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.
(7) If at any time before a specification is made under sub-paragraph (3) the parties jointly apply to the Court requesting it to stop taking steps under this paragraph, the Court must comply with the request.
(8) The agreement period is -
32.
- (1) This paragraph applies if -
(2) The parties may apply to the Court for assistance.
(3) Paragraph 31 applies as if "paragraph 30" (in each place) read "paragraph 30 or paragraph 32".
34.
An application under paragraph 11 or 12 is not admissible unless the union gives (or unions give) to the employer -
35.
- (1) An application under paragraph 11 or 12 is not admissible if the Court is satisfied that there is already in force a collective agreement under which a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of any workers falling within the relevant bargaining unit.
(2) But sub-paragraph (1) does not apply to an application under paragraph 11 or 12 if -
(3) A declaration of recognition which is the subject of a declaration under paragraph 83(2) must for the purposes of sub-paragraph (1) be treated as ceasing to have effect to the extent specified in paragraph 83(2) on the making of the declaration under paragraph 83(2).
(4) In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if -
(5) It is for the Court to decide whether one group of workers is the same or substantially the same as another, but in deciding the Court may take account of the views of any person it believes has an interest in the matter.
(6) The relevant bargaining unit is -
36.
- (1) An application under paragraph 11 or 12 is not admissible unless the Court decides that -
(2) The relevant bargaining unit is -
(3) The Court must give reasons for the decision.
37.
- (1) This paragraph applies to an application made by more than one union under paragraph 11 or 12.
(2) The application is not admissible unless -
(3) The relevant bargaining unit is -
38.
- (1) This paragraph applies if -
(2) Another relevant application is not admissible if -
(3) A relevant application is an application under paragraph 11 or 12.
(4) The relevant bargaining unit is -
39.
- (1) This paragraph applies if the Court accepts a relevant application relating to a bargaining unit or proceeds under paragraph 20 with an application relating to a bargaining unit.
(2) Another relevant application is not admissible if -
(3) A relevant application is an application under paragraph 11 or 12.
(4) The relevant bargaining unit is -
(5) This paragraph does not apply if paragraph 40 or 41 applies.
40.
- (1) This paragraph applies if the Court issues a declaration under paragraph 29(4) that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit; and this is so whether the ballot concerned is held under this Part or Part III.
(2) An application under paragraph 11 or 12 is not admissible if -
(3) The relevant bargaining unit is -
41.
- (1) This paragraph applies if the Court issues a declaration under paragraph 121(3) that bargaining arrangements are to cease to have effect; and this is so whether the ballot concerned is held under Part IV or Part V.
(2) An application under paragraph 11 or 12 is not admissible if -
(3) The relevant bargaining unit is -
42.
- (1) This paragraph applies for the purposes of paragraphs 39 to 41.
(2) It is for the Court to decide whether one bargaining unit is the same or substantially the same as another, but in deciding the Court may take account of the views of any person it believes has an interest in the matter.
44.
- (1) The application in question is invalid if the Court is satisfied that there is already in force a collective agreement under which a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of any workers falling within the relevant bargaining unit.
(2) But sub-paragraph (1) does not apply to the application in question if -
(3) A declaration of recognition which is the subject of a declaration under paragraph 83(2) must for the purposes of sub-paragraph (1) be treated as ceasing to have effect to the extent specified in paragraph 83(2) on the making of the declaration under paragraph 83(2).
(4) In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if -
(5) It is for the Court to decide whether one group of workers is the same or substantially the same as another, but in deciding the Court may take account of the views of any person it believes has an interest in the matter.
45.
The application in question is invalid unless the Court decides that -
46.
- (1) This paragraph applies if -
(2) The application in question is invalid if -
47.
- (1) This paragraph applies if the Court accepts an application under paragraph 11 or 12 relating to a bargaining unit or proceeds under paragraph 20 with an application relating to a bargaining unit.
(2) The application in question is invalid if -
(3) This paragraph does not apply if paragraph 48 or 49 applies.
48.
- (1) This paragraph applies if the Court issues a declaration under paragraph 29(4) that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit; and this is so whether the ballot concerned is held under this Part or Part III.
(2) The application in question is invalid if -
49.
- (1) This paragraph applies if the Court issues a declaration under paragraph 121(3) that bargaining arrangements are to cease to have effect; and this is so whether he ballot concerned is held under Part IV or Part V.
(2) The application in question is invalid if -
50.
- (1) This paragraph applies for the purposes of paragraphs 47 to 49.
(2) It is for the Court to decide whether one bargaining unit is the same or substantially the same as another, but in deciding the Court may take account of the views of any person it believes has an interest in the matter.
but an application cannot be an original application unless it was made under paragraph 11(2) or 12(2).
(2) This paragraph applies if -
(3) In such a case -
(3) The permitted period is the period which begins with the day on which the employer receives the request and ends when the first of the following occurs -
(4) Sub-paragraph (5) applies to an agreement if -
(5) This sub-paragraph is satisfied if, in relation to the application under paragraph 11 or 12, the parties give notice to the Court under paragraph 17 before the final event (as defined in paragraph 17) occurs.
56.
- (1) The employer may not terminate an agreement for recognition before the relevant period ends.
(2) After that period ends the employer may terminate the agreement, with or without the consent of the union (or unions).
(3) The union (or unions) may terminate an agreement for recognition at any time, with or without the consent of the employer.
(4) Sub-paragraphs (1) to (3) have effect subject to the terms of the agreement or any other agreement of the parties.
(5) The relevant period is the period of three years starting with the day after the date of the agreement.
57.
- (1) If an agreement for recognition is terminated, as from the termination the agreement and any provisions relating to the collective bargaining method shall cease to have effect.
(2) For this purpose provisions relating to the collective bargaining method are -
58.
- (1) This paragraph applies if the parties make an agreement for recognition.
(2) The parties may in the negotiation period conduct negotiations with a view to agreeing a method by which they will conduct collective bargaining.
(3) If no agreement is made in the negotiation period the employer or the union (or unions) may apply to the Court for assistance.
(4) The negotiation period is -
(5) The start day is the day after that on which the agreement is made.
59.
- (1) This paragraph applies if -
(2) The employer or the union (or unions) may apply to the Court for assistance.
60.
- (1) This paragraph applies if an application for assistance is made to the Court under paragraph 58 or 59.
(2) The application is not admissible unless the conditions in sub-paragraphs (3) and (4) are satisfied.
(3) The condition is that the employer, taken with any associated employer or employers, must -
(4) The condition is that the union (or every union) has a certificate under Article 6 of the 1992 Order that it is independent.
(5) To find the average under sub-paragraph (3)(b) -
(6) For the purposes of sub-paragraph (3)(a) any worker employed by an associated company incorporated outside Northern Ireland must be ignored unless the day the application was made fell within a period during which he ordinarily worked in Northern Ireland.
(7) For the purposes of sub-paragraph (3)(b) any worker employed by an associated company incorporated outside Northern Ireland must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Northern Ireland.
(8) For the purposes of sub-paragraphs (6) and (7) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Northern Ireland unless -
(9) An order made under paragraph 7(6) may also -
61.
- (1) An application to the Court is not admissible unless -
(2) An application which is made by a union (or unions) to the Court is not admissible unless the union gives (or unions give) to the employer -
(3) An application which is made by an employer to the Court is not admissible unless the employer gives to the union (or each of the unions) -
62.
- (1) The Court must give notice to the parties of receipt of an application under paragraph 58 or 59.
(2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraphs 60 and 61.
(3) In deciding whether an application is admissible the Court must consider any evidence which it has been given by the employer or the union (or unions).
(4) If the Court decides that the application is not admissible -
(5) If the Court decides that the application is admissible it must -
(6) The acceptance period is -
63.
- (1) If the Court accepts an application it must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining.
(2) If at the end of the agreement period the parties have not made such an agreement the Court must specify to the parties the method by which they are to conduct collective bargaining.
(3) Any method specified under sub-paragraph (2) is to have effect as if it were contained in a legally enforceable contract made by the parties.
(4) But if the parties agree in writing -
(5) Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.
(6) If the Court accepts an application, the applicant may not withdraw it after the end of the agreement period.
(7) If at any time before a specification is made under sub-paragraph (2) the parties jointly apply to the Court requesting it to stop taking steps under this paragraph, the Court must comply with the request.
(8) The agreement period is -
(2) In such a case, in this Part -
(3) For this purpose provisions relating to the collective bargaining method are -
65.
References in this Part to the parties are to the employer and the union (or unions) concerned.
68.
- (1) The Court must give notice to the parties of receipt of an application under paragraph 66.
(2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraphs 67 and 92.
(3) In deciding whether the application is admissible the Court must consider any evidence which it has been given by the employer or the union (or unions).
(4) If the Court decides that the application is not admissible -
(5) If the Court decides that the application is admissible it must -
(6) The acceptance period is -
69.
- (1) This paragraph applies if -
(2) If in the Court's opinion the new unit (or any of the new units) contains at least one worker falling within an outside bargaining unit no further steps are to be taken under this Part.
(3) If sub-paragraph (2) does not apply -
(4) The first period is -
(5) An outside bargaining unit is a bargaining unit which fulfils these conditions -
70.
- (1) This paragraph applies if -
(2) During the second period -
(3) In deciding whether or not the original unit continues to be an appropriate bargaining unit the Court must take into account only these matters -
(4) In deciding what other bargaining unit is or units are appropriate the Court must take these matters into account -
(5) The matters are -
(6) If the Court decides that two or more bargaining units are appropriate its decision must be such that no worker falls within more than one of them.
(7) The second period is -
71.
If the Court gives notice under paragraph 70 of a decision that the original unit continues to be an appropriate bargaining unit no further steps are to be taken under this Part.
72.
Paragraph 82 applies if the Court gives notice under paragraph 70 of -
73.
- (1) This paragraph applies if -
(2) In such a case -
74.
- (1) If the employer -
he must give the union (or each of the unions) a notice complying with sub-paragraph (2) and must give a copy of the notice to the Court.
(2) A notice complies with this sub-paragraph if it -
(3) Within the validation period the Court must decide whether the notice complies with sub-paragraph (2).
(4) If the Court decides that the notice does not comply with sub-paragraph (2) -
(5) If the Court decides that the notice complies with sub-paragraph (2) it must give the parties notice of the decision.
(6) The bargaining arrangements shall cease to have effect on the date specified under sub-paragraph (2)(d) if -
(7) The validation period is -
75.
- (1) Paragraph 76 applies if -
(2) The questions are -
(3) The matters are -
76.
- (1) The Court must give notice to the parties of receipt of an application under paragraph 75.
(2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraph 92.
(3) In deciding whether the application is admissible the Court must consider any evidence which it has been given by the employer or the union (or unions).
(4) If the Court decides that the application is not admissible -
(5) If the Court decides that the application is admissible it must -
(6) The acceptance period is -
77.
- (1) If the Court accepts an application it -
(2) If the Court decides that the original unit has ceased to exist -
(3) If the Court decides that the original unit has not ceased to exist, and that it is not the case that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 75(3) -
(4) If the Court decides that the original unit has not ceased to exist, and that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 75(3), the Court must give the parties notice of its decision.
(5) The decision period is -
(6) The termination date is the later of -
78.
- (1) This paragraph applies if -
(2) If in the Court's opinion the new unit (or any of the new units) contains at least one worker falling within an outside bargaining unit no further steps are to be taken under this Part.
(3) If sub-paragraph (2) does not apply -
(4) The first period is -
(5) An outside bargaining unit is a bargaining unit which fulfils these conditions -
79.
- (1) This paragraph applies if -
(2) During the second period the Court -
(3) In deciding what other bargaining unit is or units are appropriate, the Court must take these matters into account -
(4) The matters are -
(5) If the Court decides that two or more bargaining units are appropriate its decision must be such that no worker falls within more than one of them.
(6) The second period is -
80.
Paragraph 82 applies if the Court gives notice under paragraph 79 of a decision as to the bargaining unit which is (or units which are) appropriate.
81.
- (1) This paragraph applies if -
(2) In such a case -
82.
- (1) This paragraph applies if the Court gives notice under paragraph 70 of -
(2) This paragraph also applies if the Court gives notice under paragraph 79 of a decision as to the bargaining unit which is (or units which are) appropriate.
(3) The court -
(4) References in those paragraphs to the new unit are to the appropriate unit under consideration.
83.
- (1) This paragraph applies if in the Court's opinion the new unit contains at least one worker falling within a statutory outside bargaining unit.
(2) In such a case -
(3) The relevant bargaining arrangements are -
(4) The bargaining arrangements relating to the original unit are the bargaining arrangements as defined in paragraph 64.
(5) The bargaining arrangements relating to an outside unit are -
(6) For this purpose the provisions relating to the collective bargaining method are -
(7) A statutory outside bargaining unit is a bargaining unit which fulfils these conditions -
(8) The date specified under sub-paragraph (1)(a) must be -
and the relevant period is the period of 65 working days starting with the day after that on which the declaration is issued.
84.
- (1) This paragraph applies if in the Court's opinion the new unit contains -
(2) In such a case -
(3) The original bargaining arrangements are the bargaining arrangements as defined in paragraph 64.
(4) A voluntary outside bargaining unit is a bargaining unit which fulfils these conditions -
(5) The date specified under sub-paragraph (2)(a) must be -
and the relevant period is the period of 65 working days starting with the day after that on which the declaration is issued.
85.
- (1) If the Court's opinion is not that mentioned in paragraph 83(1) or 84(1) it must -
(2) If the Court's decision is that such support does not need to be assessed -
86.
- (1) This paragraph applies if the Court decides under paragraph 85(1) that the support of the union(or unions) within the new unit needs to be assessed.
(2) The Court must decide these questions -
(3) If the Court decides one or both of the questions in the negative -
87.
- (1) This paragraph applies if -
(2) The Court must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the new unit.
(3) But if any of the three qualifying condition is fulfilled, instead of issuing a declaration under sub-paragraph (2) the Court must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the new unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
(4) These are the three qualifying conditions -
(5) For the purposes of sub-paragraph (4)(c) membership evidence is -
(6) If the Court issues a declaration under sub-paragraph (2) -
88.
- (1) This paragraph applies if -
(2) The Court must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the new unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
89.
- (1) If the Court gives notice under paragraph 87(3) or 88(2) the union (or unions) may within the notification period notify the Court that the union does not (or unions do not) want the Court to arrange for the holding of the ballot; and the notification period is the period of 10 working days starting with the day after that on which the union (or last of the unions) receives the Court's notice.
(2) If the Court is so notified -
(3) If the Court is not so notified it must arrange for the holding of the ballot.
(4) Paragraph 25 applies if the Court arranges under this paragraph for the holding of a ballot (as well as if the Court arranges under paragraph 24 for the holding of a ballot).
(5) Paragraphs 26 to 29 apply accordingly, but as if references to the bargaining unit were references to the new unit.
(6) If as a result of the ballot the Court issues a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit -
(7) If as a result of the ballot the Court issues a declaration that the union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of the new unit -
(8) Paragraphs (a) and (b) of sub-paragraph (6) also apply if the Court issues a declaration under paragraph 27(2).
(2) In such a case -
91.
- (1) This paragraph applies if -
(2) The Court must -
and in this paragraph each statutory outside bargaining unit so identified is referred to as a parent unit.
(3) The Court must then -
and in this paragraph the workers so identified in relation to a parent unit are referred to as a residual unit.
(4) In relation to each residual unit, the Court must issue a declaration that the outside union is (or outside unions are) recognised as entitled to conduct collective bargaining on its behalf.
(5) But no such declaration shall be issued in relation to a residual unit if the Court has received an application under paragraph 66 or 75 in relation to its parent unit.
(6) In this paragraph references to the outside union (or to outside unions) in relation to a residual unit are to the union which is (or unions which are) recognised as entitled to conduct collective bargaining on behalf of its parent unit.
(7) If the Court issues a declaration under sub-paragraph (4) -
92.
- (1) An application to the Court under this Part is not admissible unless -
(2) An application which is made by a union (or unions) to the Court under this Part is not admissible unless the union gives (or unions give) to the employer -
(3) An application which is made by an employer to the Court under this Part is not admissible unless the employer gives to the union (or each of the unions) -
93.
- (1) If an application under paragraph 66 or 75 is accepted by the Court, the applicant (or applicants) may not withdraw the application -
(2) If an application is withdrawn by the applicant (or applicants) -
94.
- (1) This paragraph applies for the purposes of this Part.
(2) In relation to paragraphs 69(5), 78(5) and 83(6), collective bargaining has the meaning given by Article 2(2) of the 1992 Order.
(3) In relation to a new unit references to collective bargaining are to negotiations relating to the matters which were the subject of collective bargaining in relation to the corresponding original unit; and the corresponding original unit is the unit which was the subject of an application under paragraph 66 or 75 in consequence of which the new unit was agreed by the parties or decided by the Court.
(4) But if the parties agree matters as the subject of collective bargaining in relation to the new unit, references to collective bargaining in relation to that unit are to negotiations relating to the agreed matters; and this is the case whether the agreement is made before or after the time when the Court issues a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit.
(5) In relation to a residual unit in relation to which a declaration is issued under paragraph 91, references to collective bargaining are to negotiations relating to the matters which were the subject of collective bargaining in relation to the corresponding parent unit.
(6) In construing paragraphs 69(3)(c), 78(3)(c), 85(2)(c), 87(6)(b) and 89(6)(b) -
95.
- (1) This paragraph applies for the purposes of this Part.
(2) Where a method of collective bargaining has effect in relation to a new unit, that method shall have effect as if it were contained in a legally enforceable contract made by the parties.
(3) But if the parties agree in writing -
the written agreement shall have effect as a legally enforceable contract made by the parties.
(4) Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.
97.
For the purposes of this Part the relevant date is the date of the expiry of the period of 3 years starting with the date of the Court's declaration.
98.
References in this Part to the parties are to the employer and the union (or unions) concerned.
(2) If the employer wishes the bargaining arrangements to cease to have effect, he must give the union (or each of the unions) a notice complying with sub-paragraph (3) and must give a copy of the notice to the Court.
(3) A notice complies with this sub-paragraph if it -
(4) To find the average number of workers employed by the employer, taken with any associated employer or employers, in the specified period of 13 weeks -
(5) For the purposes of sub-paragraph (1)(a) any worker employed by an associated company incorporated outside Northern Ireland must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Northern Ireland.
(6) For the purposes of sub-paragraph (5) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Northern Ireland unless -
(7) An order made under paragraph 7(6) may also -
100.
- (1) Within the validation period the Court must decide whether the notice complies with paragraph 99(3).
(2) If the Court decides that the notice does not comply with paragraph 99(3) -
(3) If the Court decides that the notice complies with paragraph 99(3) it must give the parties notice of the decision.
(4) The bargaining arrangements shall cease to have effect on the date specified under paragraph 99(3)(f) if -
(5) The validation period is -
101.
- (1) This paragraph applies if -
(2) An application is not admissible unless -
(3) An application is not admissible unless the union gives (or unions give) to the employer -
(4) An application is not admissible if -
(5) A relevant application is an application made to the Court -
102.
- (1) The Court must give notice to the parties of receipt of an application under paragraph 101.
(2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraph 101.
(3) In deciding whether an application is admissible the Court must consider any evidence which it has been given by the employer or the union (or unions).
(4) If the Court decides that the application is not admissible -
(5) If the Court decides that the application is admissible it must -
(6) The acceptance period is -
103.
- (1) If the Court accepts an application it -
(2) If the Court decides that the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and that the statement made under paragraph 99(3)(e) is correct the bargaining arrangements shall cease to have effect on the termination date.
(3) If the Court decides that the period of 13 weeks specified under paragraph 99(3)(b) does not end on or after the relevant date or that the statement made under paragraph 99(3)(e) is not correct, the notice under paragraph 99 shall be treated as not having been given.
(4) The decision period is -
(5) The termination date is the later of -
104.
- (1) This paragraph and paragraphs 105 to 111 apply if after the relevant date the employer requests the union (or each of the unions) to agree to end the bargaining arrangements.
(2) The request is not valid unless it -
105.
- (1) If before the end of the first period the parties agree to end the bargaining arrangements no further steps are to be taken under this Part.
(2) Sub-paragraph (3) applies if before the end of the first period -
(3) The parties may conduct negotiations with a view to agreeing to end the bargaining arrangements.
(4) If such an agreement is made before the end of the second period no further steps are to be taken under this Part.
(5) The employer and the union (or unions) may request the Agency to assist in conducting the negotiations.
(6) The first period is the period of 10 working days starting with the day after -
(7) The second period is -
106.
- (1) This paragraph applies if -
(2) The employer may apply to the Court for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
107.
- (1) This paragraph applies if -
(2) The employer may apply to the Court for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
(3) But no application may be made if within the period of 10 working days starting with the day after that on which the union informs (or unions inform) the employer under paragraph 105(2) the union proposes (or unions propose) that the Agency be requested to assist in conducting the negotiations and -
108.
- (1) An application under paragraph 106 or 107 is not admissible unless -
(2) An application under paragraph 106 or 107 is not admissible unless the employer gives to the union (or each of the unions) -
109.
- (1) An application under paragraph 106 or 107 is not admissible if -
(2) A relevant application is an application made to the Court -
110.
- (1) An application under paragraph 106 or 107 is not admissible unless the Court decides that -
(2) The Court must give reasons for the decision.
111.
- (1) The Court must give notice to the parties of receipt of an application under paragraph 106 or 107.
(2) Within the acceptance period the Court must decide whether -
(3) In deciding those questions the Court must consider any evidence which it has been given by the employer or the union (or unions).
(4) If the Court decides that the request is not valid or the application is not made in accordance with paragraph 106 or 107 or is not admissible -
(5) If the Court decides that the request is valid and the application is made in accordance with paragraph 106 or 107 and is admissible it must -
(6) The acceptance period is -
112.
- (1) A worker or workers falling within the bargaining unit may after the relevant date apply to the Court to have the bargaining arrangements ended.
(2) An application is not admissible unless -
(3) An application is not admissible unless the worker gives (or workers give) to the employer and to the union (or each of the unions) -
113.
- (1) An application under paragraph 112 is not admissible if -
(2) A relevant application is an application made to the Court -
114.
- (1) An application under paragraph 112 is not admissible unless the Court decides that -
(2) The Court must give reasons for the decision.
115.
- (1) The Court must give notice to the worker (or workers), the employer and the union (or unions) of receipt of an application under paragraph 112.
(2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraphs 112 to 114.
(3) In deciding whether the application is admissible the Court must consider any evidence which it has been given by the employer, the union (or unions) or any of the workers falling within the bargaining unit.
(4) If the Court decides that the application is not admissible -
(5) If the Court decides that the application is admissible it must -
(6) The acceptance period is -
116.
- (1) If the Court accepts the application, in the negotiation period the Court must help the employer, the union (or unions) and the worker (or workers) with a view to -
(2) The negotiation period is -
117.
- (1) This paragraph applies if the Court accepts an application under paragraph 106 or 107.
(2) This paragraph also applies if -
(3) The Court must arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether the bargaining arrangements should be ended.
(4) The ballot must be conducted by a qualified independent person appointed by the Court.
(5) The ballot must be conducted within -
(6) The ballot must be conducted -
depending on the Court's preference.
(7) In deciding how the ballot is to be conducted the Court must take into account -
(8) The Court may not decide that the ballot is to be conducted as mentioned in sub-paragraph (6)(c) unless there are special factors making such a decision appropriate; and special factors include -
(9) A person is a qualified independent person if -
(10) An order under sub-paragraph (9)(a) shall be subject to negative resolution.
(11) As soon as is reasonably practicable after the Court is required under sub-paragraph (3) to arrange for the holding of a ballot it must inform the employer and the union (or unions) -
118.
- (1) An employer who is informed by the Court under paragraph 117(11) must comply with the following three duties.
(2) The first duty is to co-operate generally, in connection with the ballot, with the union (or unions) and the person appointed to conduct the ballot; and the second and third duties are not to prejudice the generality of this.
(3) The second duty is to give to the union (or unions) such access to the workers constituting the bargaining unit as is reasonable to enable the union(or unions) to inform the workers of the object of the ballot and to seek their support and their opinions on the issues involved.
(4) The third duty is to do the following (so far as it is reasonable to expect the employer to do so) -
(5) As soon as is reasonably practicable after the Court receives any information under sub-paragraph (4) it must pass it on to the person appointed to conduct the ballot.
(6) If asked to do so by the union (or unions) the person appointed to conduct the ballot must send to any worker -
any information supplied by the union (or unions) to the person so appointed.
(7) The duty under sub-paragraph (6) does not apply unless the union bears (or unions bear) the cost of sending the information.
(8) Each of the following powers shall be taken to include power to issue Codes of Practice about reasonable access for the purposes of sub-paragraph (3) -
119.
- (1) If the Court is satisfied that the employer has failed to fulfil any of the three duties imposed by paragraph 118, and the ballot has not been held, the Court may order the employer -
(2) If -
the Court may refuse the application.
(3) If -
an order under sub-paragraph (1), on being recorded in the county court, may be enforced in the same way as an order of that court.
(4) If the Court refuses an application under sub-paragraph (2) it shall take steps to cancel the holding of the ballot; and if the ballot is held it shall have no effect.
120.
- (1) This paragraph applies if the holding of a ballot has been arranged under paragraph 117(3), whether or not it has been cancelled.
(2) The gross costs of the ballot shall be borne -
(3) If there is more than one union they shall bear their half of the gross costs -
(4) The person appointed to conduct the ballot may send to the employer and the union (or each of the unions) a demand stating -
(5) In such a case the recipient must pay the amount stated to the person sending the demand, and must do so within the period of 15 working days starting with the day after that on which the demand is received.
(6) If the amount stated is not paid in accordance with sub-paragraph (5) it shall, if a county court so orders, be recoverable as if it were payable under an order of that court.
(7) References to the costs of the ballot are to -
121.
- (1) As soon as is reasonably practicable after the Court is informed of the result of a ballot by the person conducting it, the Court must act under this paragraph.
(2) The Court must inform the employer and the union (or unions) of the result of the ballot.
(3) If the result is that the proposition that the bargaining arrangements should be ended is supported by -
the Court must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the Court in the declaration.
(4) If the result is otherwise the Court must refuse the application under paragraph 106, 107 or 112.
(5) If a declaration is issued under sub-paragraph (3) the bargaining arrangements shall cease to have effect accordingly.
(6) The Department may by order amend sub-paragraph (3) so as to specify a different degree of support.
(7) No order shall be made under sub-paragraph(6) unless a draft of it has been laid before, and approved by a resolution of, the Assembly.
(2) In such a case references in this Part to the bargaining arrangements are to -
123.
- (1) This Part also applies if -
(2) In such a case references in this Part to the bargaining arrangements are to -
124.
- (1) This Part also applies if the Court has issued a declaration under paragraph 87(2) that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.
(2) In such a case references in this Part to the bargaining arrangements are to -
125.
For the purposes of this Part the relevant date is the date of the expiry of the period of 3 years starting with the date of the Court's declaration.
126.
References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.
128.
- (1) If before the end of the negotiation period the parties agree to end the bargaining arrangements no further steps are to be taken under this Part.
(2) If no such agreement is made before the end of the negotiation period, the employer may apply to the Court for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
(3) The negotiation period is the period of 10 working days starting with the day after -
or such longer period (so starting) as the parties may from time to time agree.
129.
- (1) An application under paragraph 128 is not admissible unless -
(2) An application under paragraph 128 is not admissible unless the employer gives to the union (or each of the unions) -
130.
- (1) An application under paragraph 128 is not admissible if -
(2) A relevant application is an application made to the Court -
131.
- (1) An application under paragraph 128 is not admissible unless the Court is satisfied that fewer than half of the workers constituting the bargaining unit are members of the union (or unions).
(2) The Court must give reasons for the decision.
132.
- (1) The Court must give notice to the parties of receipt of an application under paragraph 128.
(2) Within the acceptance period the Court must decide whether -
(3) In deciding those questions the Court must consider any evidence which it has been given by the parties.
(4) If the Court decides that the request is not valid or the application is not admissible -
(5) If the Court decides that the request is valid and the application is admissible it must -
(6) The acceptance period is -
133.
- (1) Paragraph 117 applies if the Court accepts an application under paragraph 128 (as well as in the cases mentioned in paragraph 117(1) and (2)).
(2) Paragraphs 118 to 121 apply accordingly, but as if -
(2) In such a case references in this Part to the bargaining arrangements are to -
135.
In this Part references to the parties are to the employer and the union (or unions).
136.
In this Part references to the bargaining unit are to the group of workers referred to in paragraph 134(1)(a) (or the groups taken together).
(3) An application is not admissible unless the worker gives (or workers give) to the employer and to the union (or each of the unions) -
138.
An application under paragraph 137 is not admissible if the Court is satisfied that any of the unions has a certificate under Article 6 of the 1992 Order that it is independent.
139.
- (1) An application under paragraph 137 is not admissible unless the Court decides that -
(2) The Court must give reasons for the decisions.
140.
An application under paragraph 137 is not admissible if the Court is satisfied that -
141.
- (1) The Court must give notice to the worker (or workers), the employer and the union (or unions) of receipt of an application under paragraph 137.
(2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraphs 137 to 140.
(3) In deciding whether the application is admissible the Court must consider any evidence which it has been given by the employer, the union (or unions) or any of the workers falling within the bargaining unit.
(4) If the Court decides that the application is not admissible -
(5) If the Court decides that the application is admissible it must -
(6) The acceptance period is -
142.
- (1) If the Court accepts the application, in the negotiation period the Court must help the employer, the union (or unions) and the worker (or workers) with a view to -
(2) The negotiation period is -
143.
- (1) This paragraph applies if -
(2) In such a case paragraph 142(1) or 145(3) shall cease to apply from the time when the Court is satisfied as mentioned in sub-paragraph (1)(b).
144.
- (1) This paragraph applies if the Court is subsequently satisfied that -
(2) In such a case -
145.
- (1) This paragraph applies if the Court is subsequently satisfied that -
(2) The Court must give the worker (or workers), the employer and the union (or unions) notice that it is so satisfied.
(3) In the new negotiation period the Court must help the employer, the union (or unions) and the worker (or workers) with a view to -
(4) The new negotiation period is -
146.
- (1) This paragraph applies if -
(2) In such a case the relevant period is the period starting with the first day of the negotiation period (as defined in paragraph 142(2)) and ending with the first of the following to occur -
and a relevant ballot is a ballot held by virtue of this Part.
(3) This paragraph also applies if -
(4) In such a case, the relevant period is the period starting with the first day of the new negotiation period (as defined in paragraph 145(4)) and ending with the first of the following to occur -
and a relevant ballot is a ballot held by virtue of this Part.
(5) If this paragraph applies -
147.
- (1) Paragraph 117 applies if -
(as well as in the cases mentioned in paragraph 117(1) and (2)).
(2) Paragraphs 118 to 121 apply accordingly, but as if -
148.
- (1) This paragraph applies if as a result of a declaration by the Court another union is (or other unions are) recognised as entitled to conduct collective bargaining on behalf of a group of workers at least one of whom falls within the bargaining unit.
(2) The Court must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the Court in the declaration.
(3) If a declaration is issued under sub-paragraph (2) the bargaining arrangements shall cease to have effect accordingly.
(4) It is for the Court to decide whether sub-paragraph (1) is fulfilled, but in deciding the Court may take account of the views of any person it believes has an interest in the matter.
150.
- (1) This Part also applies if -
(2) In such a case references in this Part to the bargaining arrangements are to -
151.
References in this Part to the parties are to the employer and the union (or unions) concerned.
(2) This paragraph also applies if -
(3) Sub-paragraph (4) shall apply on the day after -
(4) The bargaining arrangements shall case to have effect; and the parties shall be taken to agree that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit concerned.
(2) This paragraph also applies if -
(3) Sub-paragraph (4) shall apply, beginning with the day after -
(4) The bargaining arrangements shall have effect again; and paragraph 152 shall cease to apply.
for the purposes of Article 44B(3) that day shall be taken to be the day on which Article 44B first applies in relation to the unit.
(3) A ground does not fall within sub-paragraph (2) if it constitutes an unreasonable act or omission by the worker.
(4) This paragraph does not apply if the worker is an employee and the detriment amounts to dismissal within the meaning of the Employment Rights Order.
(5) A worker may present a complaint to an industrial tribunal on the ground that he has been subjected to a detriment in contravention of this paragraph.
(6) Apart from the remedy by way of complaint as mentioned in sub-paragraph (5), a worker has no remedy for infringement of the right conferred on him by this paragraph.
157.
- (1) An industrial tribunal shall not consider a complaint under paragraph 156 unless it is presented -
(2) For the purposes of sub-paragraph (1) -
(3) For the purposes of sub-paragraph (2), in the absence of evidence establishing the contrary an employer must be taken to decide on a failure to act -
158.
On a complaint under paragraph 156 it shall be for the employer to show the ground on which he acted or failed to act.
159.
- (1) If the industrial tribunal finds that a complaint under paragraph 156 is well-founded it shall make a declaration to that effect and may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure complained of.
(2) The amount of the compensation awarded shall be such as the tribunal considers just and equitable in all the circumstances having regard to the infringement complained of and to any loss sustained by the complainant which is attributable to the act or failure which infringed his right.
(3) The loss shall be taken to include -
(4) In ascertaining the loss, the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of Northern Ireland.
(5) If the tribunal finds that the act or failure complained of was to any extent caused or contributed to by action of the complainant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.
160.
- (1) If the industrial tribunal finds that a complaint under paragraph 156 is well-founded and -
any compensation awarded under paragraph 159 must not exceed the limit specified in sub-paragraph (2).
(2) The limit is the total of -
161.
- (1) For the purposes of Part XI of the Employment Rights Order (unfair dismissal) the dismissal of an employee shall be regarded as unfair if the dismissal was made -
(2) The reasons are that -
(3) A reason does not fall within sub-paragraph (2) if it constitutes an unreasonable act or omission by the employee.
163.
Article 240(1) of the Employment Rights Order (fixed-term contracts) does not prevent Part XI of that Order from applying to a dismissal which is regarded as unfair by virtue of paragraph 161 or 162.
168.
- (1) After consulting the Agency the Department may by order specify for the purposes of paragraphs 31(3) and 63(2) a method by which collective bargaining might be conducted.
(2) If such an order is made the Court -
(3) An order under this paragraph shall be subject to negative resolution.
(2) The directions are directions as to the order in which the Court must consider the admissibility of the applications.
(3) The directions may include -
(4) A relevant application is an application under paragraph 101, 106, 107, 112 or 128.
171.
In exercising functions under this Schedule in any particular case the Court must have regard to the object of encouraging and promoting fair and efficient practices and arrangements in the workplace, so far as having regard to that object is consistent with applying other provisions of this Schedule in the case concerned.
(3) References in this Schedule to an associated employer shall be construed in accordance with Article 4 of the Employment Rights Order.".
(4) For the purposes of paragraph (3), in the absence of evidence establishing the contrary an employer shall be taken to decide on a failure to act -
4.
- (1) Article 75 shall be amended as follows.
(2) In paragraph (1) for "action was taken against the complainant" substitute "he acted or failed to act".
(3) In paragraph (2) for "action was taken by the employer or the purpose for which it was taken" substitute "the employer acted or failed to act, or the purpose for which he did so".
(4) In paragraph (3) -
(5) For paragraph (4) substitute -
sub-paragraph (a) of paragraph (3) is satisfied if the purpose mentioned in that sub-paragraph was the purpose of the previous act or failure.".
6.
In Article 77(1) -
(3) In paragraph (4) for "109(1)" substitute "109(3)".
(4) After paragraph (4) insert -
(3B) In paragraph (3) references to employees are to employees of the employer concerned.".
(4) In this Article and Article 109A "workplace" in relation to a person who is employed means -
Separate workplaces: single and aggregate ballots
109A.
- (1) Where Article 109(3) would require separate ballots to be held for each workplace, a ballot may be held in place of some or all of the separate ballots if one of paragraphs (2) to (4) is satisfied in relation to it.
(2) This paragraph is satisfied in relation to a ballot if the workplace of each member entitled to vote in the ballot is the workplace of at least one member of the union who is affected by the dispute.
(3) This paragraph is satisfied in relation to a ballot if entitlement to vote is accorded to, and limited to, all the members of the union who -
(4) This paragraph is satisfied in relation to a ballot if entitlement to vote is accorded to, and limited to, all the members of the union who are employed by a particular employer, or by any of a number of particular employers, with whom the union is in dispute.
(5) For the purposes of paragraph (2) the following are members of the union affected by a dispute -
6.
- (1) Article 110 (voting) shall be amended as follows.
(2) After paragraph (3) (voting paper must ask whether voter is prepared to take part in a strike or industrial action short of a strike) insert -
(3) At the end of the statement in paragraph (5) (statement that industrial action may be a breach of employment contract to be set out on every voting paper) insert -
(4) In the definition of "strike" in Article 129 (interpretation) after "means" there shall be inserted "(except for the purposes of Article 110(3))".
(4) Where this paragraph applies to a merchant seaman he shall, if it is reasonably practicable -
8.
After Article 115 insert -
9.
After Article 115A there shall be inserted -
the failure (or failures) shall be disregarded.
(2) The provisions are Article 108(1), Article 111(2) and Article 111(4).".
11.
- (1) Article 118 (notice to employers of industrial action) shall be amended as follows.
(2) In paragraph (3)(a) (notice relating to industrial action must describe employees intended to take part in industrial action) for "describes (so that he can readily ascertain them) the employees of the employer who" substitute "contains such information in the union's possession as would help the employer to make plans and bring information to the attention of those of his employees whom".
(3) After paragraph (5) insert -
(4) In paragraph (7) -
(5) After paragraph (7) insert -
(6) In paragraph (9) for "paragraph (7)" substitute "paragraphs (7) to (7B)".
(4) Subject to Article 106, an employee who exercises her right under paragraph (1) -
(5) In paragraph (4)(a) "terms and conditions of employment" -
(6) The Department may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this Article.
(7) An employee's right to return under paragraph (4)(c) is a right to return -
Compulsory maternity leave
104.
- (1) An employer shall not permit an employee who satisfies prescribed conditions to work during a compulsory maternity leave period.
(2) A compulsory maternity leave period is a period calculated in accordance with regulations made by the Department.
(3) Regulations under paragraph (2) shall secure -
(4) Subject to paragraph (5), any provision of or made under the Health and Safety at Work (Northern Ireland) Order 1978 shall apply in relation to the prohibition under paragraph (1) as if it were imposed by regulations under Article 17 of that Order.
(5) Article 31(1)(c) of the 1978 Order shall not apply in relation to the prohibition under paragraph (1); and an employer who contravenes that paragraph shall be -
Additional maternity leave
105.
- (1) An employee who satisfies prescribed conditions may be absent from work at any time during an additional maternity leave period.
(2) An additional maternity leave period is a period calculated in accordance with regulations made by the Department.
(3) Regulations under paragraph (2) may allow an employee to choose, subject to prescribed restrictions, the date on which an additional maternity leave period ends.
(4) Subject to Article 106, an employee who exercises her right under paragraph (1) -
(5) In paragraph (4)(a) "terms and conditions of employment" -
(6) The Department may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this Article.
(7) The Department may make regulations making provision, in relation to the right to return under paragraph (4)(c), about -
Redundancy and dismissal
106.
- (1) Regulations under Article 103 or 105 may make provision about redundancy during an ordinary or additional maternity leave period.
(2) Regulations under Article 103 or 105 may make provision about dismissal (other than by reason of redundancy) during an ordinary or additional maternity leave period.
(3) Regulations made by virtue of paragraph (1) or (2) may include -
(4) Regulations under Article 105 may make provision -
Articles 103 to 105: supplemental
107.
- (1) Regulations under Article 103, 104 or 105 may -
(2) In Articles 103 to 105 "prescribed" means prescribed by regulations made by the Department.
to be absent from work on parental leave for the purpose of caring for a child.
(2) The regulations shall include provision for determining -
(3) Provision under paragraph (2)(a) shall secure that where an employee is entitled to parental leave in respect of a child he is entitled to a period or total period of leave of at least three months; but this paragraph is without prejudice to any provision which may be made by regulations for cases in which -
(4) Provision under paragraph (2)(b) may, in particular, refer to -
(5) Regulations under paragraph (1) may -
Rights during and after parental leave
109.
- (1) Regulations under Article 108 shall provide -
(2) In paragraph (1)(a) "terms and conditions of employment" -
(3) Regulations under Article 108 may specify matters which are, or are not, to be treated as remuneration for the purposes of paragraph (2)(b).
(4) The regulations may make provision, in relation to the right to return mentioned in paragraph (1)(c), about -
Special cases
110.
- (1) Regulations under Article 108 may make provision -
(2) Provision by virtue of paragraph (1) may include -
(3) Regulations under Article 108 may provide for an employee to be entitled to choose to exercise all or part of his entitlement to parental leave -
in a way specified in or permitted by the regulations for a period specified in the regulations.
(4) Provision by virtue of paragraph (3) -
(5) Regulations under Article 108 may make provision permitting all or part of an employee's entitlement to parental leave in respect of a child to be transferred to another employee in specified circumstances.
(6) The reference in Article 109(1)(c) to absence on parental leave includes, where appropriate, a reference to a continuous period of absence attributable partly to maternity leave and partly to parental leave.
(7) Regulations under Article 108 may provide for specified provisions of the regulations not to apply in relation to an employee if any provision of his contract of employment -
Supplemental
111.
- (1) Regulations under Article 108 may, in particular -
(2) The regulations may make provision modifying the effect of Chapter IV of Part I (calculation of a week's pay) in relation to an employee who is or has been absent from work on parental leave.
(3) Without prejudice to the generality of Article 108, the regulations may make any provision which appears to the Department to be necessary or expedient -
Complaint to industrial tribunal
112.
- (1) An employee may present a complaint to an industrial tribunal that his employer -
(2) An industrial tribunal shall not consider a complaint under this Article unless it is presented -
(3) Where an industrial tribunal finds a complaint under this Article well-founded it -
(4) The amount of compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to -
(2) Paragraph (1) does not apply unless the employee -
(3) Subject to paragraphs (4) and (5), for the purposes of this Article "dependant" means, in relation to an employee -
(4) For the purposes of paragraph (1)(a) or (b) "dependant" includes, in addition to the persons mentioned in paragraph (3), any person who reasonably relies on the employee -
(5) For the purposes of paragraph (1)(d) "dependant" includes, in addition to the persons mentioned in paragraph (3), any person who reasonably relies on the employee to make arrangements for the provision of care.
(6) A reference in this Article to illness or injury includes a reference to mental illness or injury.
Complaint to industrial tribunal
85B.
- (1) An employee may present a complaint to an industrial tribunal that his employer has unreasonably refused to permit him to take time off as required by Article 85A.
(2) An industrial tribunal shall not consider a complaint under this Article unless it is presented -
(3) Where an industrial tribunal finds a complaint under paragraph (1) well-founded, it -
(4) The amount of compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to -
3.
After Article 70B insert -
(3) A reason prescribed under this Article in relation to parental leave may relate to action which an employee takes, agrees to take or refuses to take under or in respect of a collective or workforce agreement".
4.
In Article 71(1) for "or 70A" substitute ", 70A or 70C".
5.
In Articles 120(1)(c) and 121(3)(b) after "childbirth" insert "or on parental leave".
6.
In Article 124(4)(b) for "maternity leave period" substitute "ordinary or additional maternity leave period".
7.
In Article 130(6) for "Paragraphs (4) and (5) are" substitute "Paragraph (4) is".
8.
For Article 131 substitute -
(2) In this Article "prescribed" means prescribed by regulations made by the Department.
(3) A reason or set of circumstances prescribed under this Article must relate to -
and it may also relate to redundancy or other factors.
(4) A reason or set of circumstances prescribed under paragraph (1) satisfies paragraph (3)(c) if it relates to action which an employee -
under or in respect of a collective or workforce agreement which deals with parental leave.
(5) Regulations under this Article may apply any statutory provision, in such circumstances as may be specified and subject to any conditions specified, in relation to persons regarded as unfairly dismissed by reason of this Article".
9.
In Articles 143(2) and 144(2) for sub-paragraph (a) substitute -
10.
In Article 143(2) after sub-paragraph (cc) insert -
11.
In Article 144(2) after sub-paragraph (c) insert -
12.
In Article 152(1)(b) for "to 162" substitute "and 161".
13.
In Article 237(2) -
(b) in sub-paragraph (b) for "83 to 85" substitute "83 to 85B".
14.
In Article 243(1) after "Article 70," insert "Article 70C,".
15.
In Article 244(2) -
16.
In Article 251 -
3.
In Articles 140(3) and 141(2) at the end add
4.
In Article 144 after paragraph (2) insert -
5.
In Article 144(8) after "this Article" insert "or Article 144A".
6.
After Article 144 insert -
(3) This paragraph applies to a dismissal if it takes place within the period of eight weeks beginning with the day on which the employee started to take protected industrial action.
(4) This paragraph applies to a dismissal if -
(5) This paragraph applies to a dismissal if -
(6) In determining whether an employer has taken those steps regard shall be had, in particular, to -
(7) In determining whether an employer has taken those steps no regard shall be had to the merits of the dispute.
(8) For the purposes of this Article no account shall be taken of the repudiation of any act by a trade union as mentioned in Article 21A of the Industrial Relations (Northern Ireland) Order 1992 in relation to anything which occurs before the end of the next working day (within the meaning of Article 143) after the day on which the repudiation takes place.
(9) In relation to a complaint under Article 145 that a dismissal was unfair by virtue of this Article -
(3) In paragraph (2)(a) (duty to give opportunity to be heard where Certification Officer considers it appropriate) omit ", where he considers it appropriate,".
(4) Omit paragraphs (3) and (4) (different applications in respect of the same matter).
(5) After paragraph (5) insert -
(5C) The following provisions have effect if a person applies to the High Court under this Article in relation to an alleged failure -
(6) In paragraph (6) (entitlement to enforce order) after "been made" insert "under paragraph (5) or (5A)".
(7) After paragraph (6) insert -
(7B) Where the Certification Officer is satisfied that the claim is well-founded he shall make such order as he considers appropriate for ensuring that the applicant -
(7C) In exercising his functions under this Article the Certification Officer shall ensure that, so far as is reasonably practicable, an application made to him is determined within six months of being made.".
(4) In paragraph (8) (court's power to grant interlocutory relief) after "an application" insert "to it".
(5) After paragraph (8) insert -
(4) After paragraph (3) insert -
5.
After Article 70 there shall be inserted -
by a vexatious litigant.
(2) The Certification Officer must give reasons for such a refusal.
(3) Paragraph (1) does not apply to a complaint under Article 12E(1)(b) or to an application under Article 5 or 6 or paragraph 30 of Schedule 1.
(4) For the purposes of paragraph (1) a vexatious litigant is a person who is the subject of -
Vexatious litigants: applications disregarded
70B.
- (1) For the purposes of a relevant enactment an application to the Certification Officer shall be disregarded if -
(2) The relevant enactments are -
6.
The Trade Union and Labour Relations Order shall be amended as provided by the following provisions of this Schedule.
(5B) Where an enforcement order has been made, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made the application on which the order was made.".
(4) After paragraph (8) insert -
10.
- (1) Article 6 (application to High Court for declaration of breach of duty regarding register of members' names and addresses) shall be amended as follows.
(2) Omit paragraph (2) (position where application in respect of the same matter has been made to Certification Officer).
(3) After paragraph (7) insert -
11.
In Article 21 (remedy for failure to comply with the duty regarding elections) the second sentence of paragraph (1) (application to Certification Officer does not prevent application to court) shall be omitted.
12.
- (1) Article 22 (application to Certification Officer for declaration of breach of duty regarding elections) shall be amended as follows.
(2) In paragraph (2)(b) (duty to give opportunity to be heard where Certification Officer considers it appropriate) omit "where he considers it appropriate,".
(3) After paragraph (5) insert -
(5B) Where the Certification Officer makes an order requiring the union to hold a fresh election, he shall (unless he considers that it would be inappropriate to do so in the particular circumstances of the case) require the election to be conducted in accordance with the requirements of this Part and such other provisions as may be made by the order.
(5C) Where an enforcement order has been made -
is entitled to enforce obedience to the order as if he had made the application on which the order was made.".
(4) After paragraph (7) insert -
13.
- (1) Article 23 (application to High Court for declaration of failure to comply with requirements regarding elections) shall be amended as follows.
(2) Omit paragraph (2) (position where application in respect of the same matter has been made to the Certification Officer).
(3) After paragraph (7) insert -
14.
After Article 46 there shall be inserted -
(3) If he makes a declaration he shall specify in it -
(4) If he makes a declaration and is satisfied that the union has taken or agreed to take steps with a view to -
he shall specify those steps in making the declaration.
(5) If he makes a declaration he may make such order for remedying the breach as he thinks just under the circumstances.
(6) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this Article, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.
(7) A declaration made by the Certification Officer under this Article may be relied on as if it were a declaration made by the High Court.
(8) Where an order has been made under this Article, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made the application on which the order was made.
(9) An order made by the Certification Officer under this Article may be enforced in the same way as an order of the High Court.
(10) If a person applies to the Certification Officer under this Article in relation to an alleged breach he may not apply to the High Court in relation to the breach; but nothing in this paragraph shall prevent such a person from exercising any right to appeal against or challenge the Certification Officer's decision on the application to him.
(11) If -
he may not apply to the Certification Officer under this Article in relation to the breach.".
(5B) Where the Certification Officer makes an order requiring the union to hold a fresh ballot, he shall (unless he considers that it would be inappropriate to do so in the particular circumstances of the case) require the ballot to be conducted in accordance with the union's political ballot rules and such other provisions as may be made by the order.
(5C) Where an enforcement order has been made, any person who is a member of the union and was a member at the time the order was made is entitled to enforce obedience to the order as if he had made the application on which the order was made.".
(4) After paragraph (7) insert -
17.
- (1) Article 56 (application to court for declaration of failure to comply with political ballot rules) shall be amended as follows.
(2) Omit paragraph (2) (position where application in respect of the same matter has been made to Certification Officer).
(3) After paragraph (7) insert -
18.
- (1) Article 57 (rules as to political fund) shall be amended as follows.
(2) After paragraph (2) insert -
(3) After paragraph (3) insert -
(4) In its application to an unincorporated employers' association, Article 54 shall have effect as if at the end of paragraph (1) there were inserted -
(5) In its application to an unincorporated employers' association, Article 55(2)(b) shall have effect as if the words "where he considers it appropriate," were inserted at the beginning.
(6) In its application to an unincorporated employers' association, Article 56 shall have effect as if after paragraph (1) there were inserted -
(3) After paragraph (5) insert -
21.
In Article 90 (provisions about amalgamations and similar matters to apply to unincorporated employers' associations) in paragraph (2)(c) after "82(3)" there shall be inserted "and 84(2A) and (6) to (9)".
(3) The applicant must be a member of the union, or have been one at the time of the alleged breach or threatened breach.
(4) A person may not apply under paragraph(1) in relation to a claim if he is entitled to apply under Article 55 in relation to the claim.
(5) No application may be made regarding -
(6) An application must be made -
(7) Those days are -
(8) The reference in paragraph (1) to the rules of a union includes references to the rules of any branch or section of the union.
(9) In paragraph (2)(c) "industrial action" means a strike or other industrial action by persons employed under contracts of employment.
(10) For the purposes of paragraph (2)(d) a committee is an executive committee if -
(11) For the purposes of paragraph (2)(d) a decision-making meeting is -
(12) For the purposes of paragraphs (10) and (11), in relation to the trade union concerned -
(13) No order shall be made under paragraph (2)(e) unless a draft of it has been laid before and approved by resolution of the Assembly.
(14) If a person applies to the Certification Officer under this Article in relation to an alleged breach or threatened breach he may not apply to the High Court in relation to the breach or threatened breach; but nothing in this paragraph shall prevent such a person from exercising any right to appeal against or challenge the Certification Officer's decision on the application to him.
(15) If -
he may not apply to the Certification Officer under this Article in relation to the breach or threatened breach.
Declarations and orders
90B.
- (1) The Certification Officer may refuse to accept an application under Article 90A unless he is satisfied that the applicant has taken all reasonable steps to resolve the claim by the use of any internal complaints procedure of the union.
(2) If he accepts an application under Article 90A the Certification Officer -
(3) Where the Certification Officer makes a declaration he shall also, unless he considers that to do so would be inappropriate, make an enforcement order, that is, an order imposing on the union one or both of the following requirements -
(4) The Certification Officer shall in an order imposing any such requirement as is mentioned in paragraph (3)(a) specify the period within which the union is to comply with the requirement.
(5) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this Article, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.
(6) A declaration made by the Certification Officer under this Article may be relied on as if it were a declaration made by the High Court.
(7) Where an enforcement order has been made, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made the application on which the order was made.
(8) An enforcement order made by the Certification Officer under this Article may be enforced in the same way as an order of the High Court.
(9) An order under Article 90A(2)(e) may provide that, in relation to an application under Article 90A with regard to a prescribed matter, the preceding provisions of this Article shall apply with such omissions or modifications as may be specified in the order; and a prescribed matter is such matter specified under Article 90A(2)(e) as is prescribed under this paragraph.".
23.
In Article 149(2) (regulations and orders) after "Article 1(2)" insert ", 90A(2)(e)".
(3) After paragraph (1) there shall be inserted -
(4) Paragraph (2) shall be omitted.
4.
After Article 9 there shall be inserted -
(3) For the purposes of this Article, a certificate of the Department as to the date on which evidence came to its knowledge is conclusive evidence.
Offences: cost of investigation
9B.
The court in which a person is convicted of an offence under this Order may order him to pay to the Department a sum which appears to the court not to exceed the costs of the investigation which resulted in the conviction.".
2.
Article 6(7) of the Industrial Tribunals (Northern Ireland) Order 1996 (composition of tribunal: national security) shall cease to have effect.
3.
The following shall be substituted for Article 12 of that Order (national security, &.) -
it is shown that the action complained of was taken for the purpose of safeguarding national security, the industrial tribunal shall dismiss the complaint.
(2) Industrial tribunal procedure regulations may make provision about the composition of the tribunal (including provision disapplying or modifying Article 6) for the purposes of proceedings in relation to which -
(3) A direction may be given under this paragraph by the Secretary of State if -
(4) An order may be made under this paragraph by the President of the Industrial Tribunals and the Fair Employment Tribunal in relation to particular proceedings if he considers it expedient in the interests of national security.
(5) Industrial tribunal procedure regulations may make provision enabling the Secretary of State, if he considers it expedient in the interests of national security -
(6) Industrial tribunal procedure regulations may enable a tribunal, if it considers it expedient in the interests of national security, to do anything of a kind which a tribunal can be required to do by direction under paragraph (5)(a) to (e).
(7) In relation to cases where a person has been excluded by virtue of paragraph (5)(b) or (c) or (6), industrial tribunal procedure regulations may make provision -
(8) Proceedings are Crown employment proceedings for the purposes of this Article if the employment to which the complaint relates -
Confidential information
12A.
- (1) Industrial tribunal procedure regulations may enable an industrial tribunal to sit in private for the purpose of hearing evidence from any person which in the opinion of the tribunal is likely to consist of -
(2) The reference in paragraph (1)(c) to any undertaking of a person or in which he works shall be construed, in relation to a person in Crown employment, as a reference to the national interest.
Restriction of publicity in cases involving national security
12B.
- (1) This Article applies where a tribunal has been directed under Article 12(5) or has determined under Article 12(6) -
(2) It is an offence to publish -
(3) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) Where a person is charged with an offence under this Article it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication in question was of, or included, the matter in question.
(5) A reference in this Article to publication includes a reference to inclusion in a programme which is included in a programme service, within the meaning of the Broadcasting Act 1990.".
Chapter or Number | Short title | Extent of repeal |
1995 NI 12. | The Trade Union and Labour Relations (Northern Ireland) Order 1995. | In Article 104(3) the word "and" at the end of sub-paragraph (b). |
Article 108(2). | ||
In Article 118(7)(a) the words "otherwise than to enable the union to comply with a court order or an undertaking given to a court". |
Chapter or Number | Short title | Extent of repeal |
1996 NI 16. | The Employment Rights (Northern Ireland) Order 1996. | In Article 2(3) the definitions of "maternity leave period" and "notified day of return". |
Article 8(2). | ||
Article 8(3)(d) and the word "or" immediately preceding it. | ||
In Article 8(4) the words "or (subject to paragraph (2)) paragraph (3)(d)". | ||
Article 22(3)(a) and (5)(a). | ||
Article 23(4)(a). | ||
In Article 127(1) the words "and Article 128". | ||
Article 128. | ||
Article 129(6). | ||
Article 130(5). | ||
Article 137(2). | ||
Article 140(3)(a). | ||
Article 141(2)(a). | ||
Article 143(2)(d). | ||
Article 144(2)(d). | ||
Article 148(5). | ||
Article 149(4). | ||
Article 153(6). | ||
Article 162. | ||
Article 172. | ||
Article 180(7). | ||
Article 181(3). | ||
Article 191(2). | ||
Article 192(6). | ||
Article 197(7). | ||
In Article 239(3)(g) the words "(subject to paragraph (4))". | ||
Article 239(4). | ||
In Article 242(2) the words "(subject to paragraph (3))". | ||
Article 242(3). | ||
In Article 243(1) the words ", Article 172". | ||
Article 250(3). | ||
In Article 251(3)(a) the words "104(3), 105(5), 111(3)". | ||
1996 NI 18. | The Industrial Tribunals Northern Ireland) Order 1996. | In Article 15(2), sub-( paragraph (b) and the word "or" immediately preceding it, and the words ", or which she held before her absence,". |
1997 NI 20. | The Shops (Sunday Trading &.) Ireland) Order 1997. | In Schedule 2 paragraph (Northern 1(11) and (12), paragraph 3(4), paragraph 3(5)(b) and the word "and" immediately preceding it, paragraph 9(4), paragraph 9(5)(b) and the word "and" immediately preceding it. |
SR 1994 No. 379. | The Maternity (Compulsory Leave) Regulations (Northern Ireland) 1994. | The whole Regulations. |
Chapter or Number | Short title | Extent of repeal |
1995 NI 12. | The Trade Union and Labour Relations (Northern Ireland) Order 1995. | In Schedule 1A, paragraph 163. |
1996 NI 16. | The Employment Rights (Northern Ireland) Order 1996. | In Article 68(4) the words from the beginning to "the dismissal,". |
In Article 68A(4) the words from ", unless" to the end. | ||
In Article 69(2) the words from the beginning to "the dismissal,". | ||
In Article 70(2) the words from the beginning to "the dismissal,". | ||
In Article 70A(2) the words from the beginning to "the dismissal,". | ||
In Article 70B(2) the words from the beginning to "the dismissal,". | ||
Article 240(1). | ||
In Article 240(3) the words "(1) or". | ||
In Article 245(2)(d) the words "(1) or". | ||
1997 NI 20. | The Shops (Sunday Trading &.) (Northern Ireland) Order 1997. | In Schedule 2, paragraph 11(5). |
1998 c. 39. | The National Minimum Wage Act 1998. | In section 23(4) the words from "except" to the end. |
1999 c. 10. | The Tax Credits Act 1999. | In paragraph 1(3) of Schedule 3 the words from "except" to the end. |
1999 NI | The Employment Relations (Northern Ireland) Order 1999. | Article 20(6). |
Chapter or Number | Short title | Extent of repeal |
1996 NI 16. | The Employment Rights (Northern Ireland) Order 1996. | Article 250(4). |
Chapter or Number | Short title | Extent of repeal |
1992 NI 5. | The Industrial Relations (Northern Ireland) Order 1992. | In Article 83(1) the words from ", in particular" to the end. |
1995 NI 12. | The Trade Union and Labour Relations (Northern Ireland) Order 1995. | Article 138(1). |
Chapter or Number | Short title | Extent of repeal |
1975 c. 25. | The Northern Ireland Assembly Disqualification Act Northern Ireland 1975. |
In Part III of Schedule 1 the entry relating to - Commissioner for the Rights of Trade Union Members Northern Ireland Commissioner for Protection Against Unlawful Industrial Action. |
1995 NI 12. | The Trade Union and Labour Relations (Northern Ireland) Order 1995. | In Article 32(3) the words "the Northern Ireland Commissioner for the Rights of Trade Union Members or". |
Part VII. | ||
Articles 121 and 122. | ||
Part IX. | ||
In Schedule 2, the amendments to the Northern Ireland Assembly Disqualification Act 1975. | ||
1996 NI 7. | The Commissioner for Complaints (Northern Ireland) Order 1996. |
In Schedule 2 the entries relating to - Office of the Northern Ireland Commissioner for the Rights of Trade Union Members. Office of the Northern Ireland Commissioner for Protection Against Unlawful Industrial Action. |
Chapter or Number | Short title | Extent of repeal |
1992 NI 5. | The Industrial Relations (Northern Ireland) Order 1992. | In Article 13C(2)(a) the words ", where he considers it appropriate,". |
Article 13C(3) and (4). | ||
In Article 70(1) the words from "and, without prejudice" to the end. | ||
1995 NI 12. | The Trade Union and Labour Relations (Northern Ireland) Order 1995. | In Article 3(6), the second sentence. |
In Article 4(6), the second sentence. | ||
In Article 5(2)(b) the words "where he considers it appropriate,". | ||
Article 6(2). | ||
In Article 21(1), the second sentence. | ||
In Article 22(2)(b) the words "where he considers it appropriate,". | ||
Article 23(2). | ||
In Article 54(1), the second sentence. | ||
In Article 55(2)(b) the words "where he considers it appropriate,". | ||
Article 56(2). | ||
Article 69. | ||
Article 85. |
Chapter or Number | Short title | Extent of repeal |
1981 NI 20. | The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981. | Article 6(2). |
Chapter or Number | Short title | Extent of repeal |
1996 NI 16. | The Employment Rights (Northern Ireland) Order 1996. | In Article 242(6) the words "Article 239(6) does not apply to an employee, and". |
Article 246(2). | ||
In Article 250(2) the words "(2), (3) and (5)". | ||
1997 NI 20. | The Shops (Sunday Trading &.) (Northern Ireland) Order 1997. | In Schedule 2, paragraph 10(14). |
Chapter or Number | Short title | Extent of repeal |
1996 NI 16. | Employment Rights (Northern Ireland) Order 1996. | Article 23(2) to (4). |
Article 151(4)(b) and the word "or" immediately before it. | ||
Article 151(5) and (6). | ||
Article 152(2) and (3). | ||
Article 154(2). | ||
article 158(2). | ||
Article 159. | ||
Article 231(2). | ||
In Article 251(3)(a) the words "23(2)" and "154(2), 158(2), 159(7), 231(2)". | ||
1997 NI 6. | The Race Relations (Northern Ireland) Order 1997. | In Schedule 2, paragraph 8(3). |
1998 NI 8. | The Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998. | Article 15(1). |
1998 NI 21. | The Fair Employment and Treatment (Northern Ireland) Order 1998. | In Schedule 3, the amendment to Article 151 of the Employment Rights Order. |
Chapter or Number | Short title | Extent of repeal |
1996 NI 16. | The Employment Rights (Northern Ireland) Order 1996. | In Article 146(4), the words "or in accordance with regulations under Article 162B". |
In Article 151(2) and (3), the words "and to regulations under Article 162B". | ||
In Article 152(1), the words "Subject to regulations under Article 162B,". | ||
Article 162B. | ||
1998 NI 17. | The Public Interest Article 1(3)(d). Disclosure (Northern Ireland) Order 1998. | Article 12. |
Chapter or Number | Short title | Extent of repeal |
1996 NI 18. | The Industrial Tribunals (Northern Ireland) Order 1996. | Article 6(7). |
1998 NI 17. | The Public Interest Disclosure (Northern Ireland) Order 1998. | Article 14. |
Crown copyright 1999
Prepared 4 November 1999