Employment Rights (Increase of Limits) Order (Northern Ireland) 2005

© Crown Copyright 2005

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 Rights (Increase of Limits) Order (Northern Ireland) 2005, ISBN 0337957932. 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.

(a) "the 1995 Order" means the Trade Union and Labour Relations (Northern Ireland) Order 1995[4];

(b) "the 1996 Order" means the Employment Rights (Northern Ireland) Order 1996[5]; and

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

Revocation
     2. Subject to Article 4, the Employment Rights (Increase of Limits) Order (Northern Ireland) 2004[6] is revoked.

Increase of limits
     3. Subject to Article 4, each of the limits referred to in the first and second columns of the Table in the Schedule to this Order is increased by the substitution, in place of the old amount specified in the third column, of the new amount specified in the fourth column.

Transitional provisions
     4.  - (1) The increases provided for in Article 3 have effect in any case where the appropriate date falls on or after 6th February 2005.

    (2) In a case where the appropriate date falls before 6th February 2005, the limits having effect in relation to the case immediately before 6th February 2005 continue to apply as if this Order had not been made.

    (3) In this Article "the appropriate date" means -

(a) in the case of an application made under Article 34[7] of the 1995 Order (compensation for unjustifiable discipline by a trade union), the date of the determination infringing the applicant's right;

(b) in the case of a complaint made under Article 44C of the 1995 Order[8] (failure by an employer to consult with a trade union on training matters) the date of the alleged failure;

(c) in the case of a complaint presented under Article 28(1)(a) of the 1996 Order (refusal of employment on grounds related to union membership) or Article 28(1)(b) of that Order (refusal of service of employment agency on grounds related to union membership), the date of the conduct to which the complaint relates, as determined by Article 28 of that Order;

(d) in the case of an application made under Article 40(2) of the 1995 Order (compensation for expulsion from a trade union), the date of the expulsion from the union;

(e) in the case of a guarantee payment to which an employee is entitled under Article 60 of the 1996 Order, the day in respect of which the payment is due;

(f) in the case of a complaint presented under Article 145 of the 1996 Order (complaints of unfair dismissal), for the purpose of calculating under Article 152 of that Order the basic award or compensatory award, the effective date of termination as defined by Article 129 of that Order;

(g) in the case of an award under Article 151(1) or (3) of the 1996 Order, where an employer has failed to comply fully with the terms of an order for reinstatement or re-engagement or has failed to reinstate or re-engage the complainant in accordance with such an order, the date by which the order of reinstatement (specified under Article 148(2)(c) of the 1996 Order) or, as the case may be, re-engagement (specified under Article 149(2)(f) of that Order) should have been complied with;

(h) in the case of entitlement to a redundancy payment by virtue of Article 170(1)(a) of the 1996 Order (dismissal by reason of redundancy), the relevant date as defined by Article 180 of that Order;

(i) in the case of entitlement to a redundancy payment by virtue of Article 170(1)(b) of the 1996 Order (lay-off or short-time), the relevant date as defined by Article 188 of that Order;

(j) in the case of entitlement to a payment under Article 227 of the 1996 Order (payments by the Department), the appropriate date as defined by Article 230 of that Order; and

(k) in the case of a complaint presented in accordance with Article 13(2) of the 1999 Order where an employer has failed or threatened to fail to allow an employee to be accompanied at a disciplinary or grievance hearing, the date of the failure or threat.

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


12th January 2005.

L.S.

T. Devine
A senior officer of the Department for Employment and Learning

[2] S.I. 1999/2790 (N.I. 9)back

[3] 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 Employment, now renamed the Department for Employment and Learningback

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

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

[6] S.R. 2004 No. 64back

[7] As amended by Articles 23(1) and 158(1) of the Employment Rights (Northern Ireland) Order 1996back

[8] Article 44C was inserted by the Employment Relations (Northern Ireland) Order 1999, Article 7back

[9] Article 132A(d) was inserted by the Working Time Regulations (S.R. 1998 No. 386) Regulation 32(6)back