Dismissal Procedures Agreement Designation 1981 (Revocation) Order (Northern Ireland) 2004

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Revocation
     3. The designation by the Department of Manpower Services of the Agreement under Article 26(2) of the Industrial Relations (Northern Ireland) Order 1976 is hereby revoked.

Transitional provisions
     4. A dismissed employee whose effective date of termination was before the revocation date and who -

(a) would have been able but for this order to make a complaint to the Regional Joint Industry Board under the terms of the Agreement on or after the revocation date, or

(b) made a complaint to the Regional Joint Industry Board in accordance with the terms of the Agreement before the revocation date which has not been determined by that date,

shall be entitled to present a complaint under Part XI of the Employment Rights (Northern Ireland) Order 1996 as if, for the purpose of Article 145(2) of the 1996 Order (and only for that purpose) the effective date of termination were the revocation date.

     5. An employee -

(a) who was in employment to which the Agreement applied before the revocation date, and

(b) who is entitled to present a complaint under Part XI of the Employment Rights (Northern Ireland) Order 1996 by virtue of Article 4 or whose effective date of termination falls on or after the revocation date,

shall be treated, for the purpose of Article 140(1) of the 1996 Order[5] (and only for that purpose), as if he had been continuously employed at the effective date of termination for a period of at least one year.



Sealed with the Official Seal of the Department for Employment and Learning on


8th January 2004.

L.S.

R. B. Gamble
A senior officer of the Department for Employment and Learning

[2] S.I. 1976/1043 (N.I. 16); the Industrial Relations (Northern Ireland) Order 1976 was repealed by Article 257(1) of and Schedule 3 to the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)): upon repeal of the Industrial Relations (Northern Ireland) Order 1976 the effect of the designation of the Dismissal Procedures Agreement (Northern Ireland) was preserved by Article 256 of and paragraph 2(1) of Schedule 2 to the Employment Rights (Northern Ireland) Order 1996back

[3] Article 142 is to be read with paragraph 2(1) of Schedule 2 (Savings)back

[4] Article 4(b) of and Part II of Schedule 2 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Employment Rights (Northern Ireland) Order 1996 from the Department of Economic Development to the Department of Higher and Further Education, Training and Employment, now renamed the Department for Employment and Learning by Section 1(1) of the Department for Employment and Learning Act (Northern Ireland) 2001 c. 15back

[5] Article 140(1) was amended by S.R. 1999 No. 277, Article 4back