Employment Relations (1999 Order) (Commencement No. 3 and Transitional Provision) Order (Northern Ireland) 2000

Made: 5th April 2000

The Department of Higher and Further Education, Training and Employment, in exercise of the powers conferred by Articles 1(2) and 39(3) of the Employment Relations (Northern Ireland) Order 1999[^f00001] and now vested in it[^f00002], and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Employment Relations (1999 Order) (Commencement No. 3 and Transitional Provision) Order (Northern Ireland) 2000.

• (2) In this Order “the 1999 Order” means the Employment Relations (Northern Ireland) Order 1999.

Commencement

2

Subject to Article 3, Article 18 of, and Schedule 5 to, the 1999 Order (unfair dismissal of striking workers) shall come into operation on 24th April 2000.

Transitional provision

3

The amendments to the Employment Rights (Northern Ireland) Order 1996[^f00003] made by Schedule 5 to the 1999 Order shall have effect in relation to protected industrial action taken by an employee only where the employee starts to take the action on or after 24th April 2000.

Signed

Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on 5th April 2000.

R. B. Gamble — A senior officer of the — Department of Higher and Further Education, Training and Employment

Explanatory note

(This note is not part of the Order.)

This Order brings into operation on 24th April 2000, Article 18 of, and Schedule 5 to, the Employment Relations (Northern Ireland) Order 1999. These provisions amend the Employment Rights (Northern Ireland) Order 1996 (“the 1996 Order”) to provide that an employee is regarded as unfairly dismissed for the purposes of Part XI of that Order if dismissed, in certain circumstances, because he or she took part in official industrial action. The provisions also make consequential amendments to Article 137 of the 1996 Order (unfair selection for redundancy). Article 3 of the Order provides that the changes apply only to the dismissal of employees who start to take industrial action beginning on or after 24th April 2000.

Footnotes

[^f00001]: S.I. 1999/2790 (N.I. 9)

[^f00002]: 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

[^f00003]: S.I. 1996/1919 (N.I. 16)