Statutory Rule 2000 No. 373 (C. 17)

Employment Relations (1999 Order) (Commencement No. 4 and Transitional Provisions) Order (Northern Ireland) 2000

---

© Crown Copyright 2000

Statutory Rules of Northern Ireland printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Government Printer for Northern Ireland.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Government Printer for Northern Ireland imprints which should be removed from any copies of the Statutory Rule which are issued or made available to the public. This includes reproduction of the Statutory Rule on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Rule which is published by the Government Printer for Northern Ireland has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the Employment Relations (1999 Order) (Commencement No. 4 and Transitional Provisions) Order (Northern Ireland) 2000, ISBN 0-337-01093-5. The print version may be purchased by clicking here. Braille copies of this Statutory Rule can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the 1995 Order" means the Trade Union and Labour Relations (Northern Ireland) Order 1995[3];

"the 1996 Order" means the Employment Rights (Northern Ireland) Order 1996[4];

"the 1999 Order" means the Employment Relations (Northern Ireland) Order 1999.

Commencement
     2. The following provisions of the 1999 Order shall come into operation on 8th March 2001 - 

(a) Article 3 and Schedule 1 (collective bargaining: recognition);

(b) Article 7 (Training);

(c) Article 8 (unfair dismissal connected with recognition: interim relief);

(d) Article 25 (proceedings of the Industrial Court).

Transitional provisions
     3.  - (1) In Schedule 1A to the 1995 Order, which is inserted by Schedule 1 to the 1999 Order - 

(a) paragraphs 156 to 160 (detriment) have effect in relation to an act or failure to act only where the act or failure takes place on or after 8th March 2001; and

(b) paragraphs 161 to 162 (dismissal to be regarded as unfair for the purposes of Part XI of the 1996 Order) have effect in relation to an employee's dismissal only where the effective date of termination (within the meaning of Article 129 of the 1996 Order) falls on or after 8th March 2001.

    (2) For the purposes of paragraph (1)(a) - 

(a) where an act extends over a period, the reference to the date of the act is a reference to the last day of that period; and

(b) a failure to act is to be treated as done when it was decided on.

    (3) For the purposes of paragraph (2)(b) an employer shall be taken to decide on a failure to act - 

(a) when he does an act inconsistent with doing the failed act, or

(b) if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.

     4. The amendments to Part XI of the 1996 Order made by Article 8 of the 1999 Order have effect in relation to an employee's dismissal only where the effective date of termination (within the meaning of Article 129 of the 1996 Order) falls on or after 8th March 2001.



Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on


24th November 2000.

L.S.

Seán Farren
Minister of Higher and Further Education,

Training and Employment

[2] The Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Employment Relations (Northern Ireland) Order 1999 to the Department of Higher and Further Education, Training and Employmentback

[3] S.I. 1995/1980 (N.I. 12)back

[4] S.I. 1996/1919 (N.I. 16)back