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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 48

48.(1) An employee shall be entitled

(a)if he is given by his employer notice of termination of his contract of
employment;

(b)if his contract of employment is terminated by his employer without notice;
or

(c)if, where he is employed under a contract for a fixed term, that term
expires without being renewed under the same contract,

(2) An employee shall not be entitled to a written statement under paragraph
(1) unless on the effective date of termination he has been, or will have
been, continuously employed for a period of 26 weeks ending with the last
complete week before that date.

(3) A written statement provided under this Article shall be admissible in
evidence in any proceedings.

(4) A complaint may be presented to an industrial tribunal by an employee
against his employer on the ground that the employer unreasonably refused to
provide a written statement under paragraph (1) or that the particulars of
reasons given in purported compliance with that paragraph are inadequate or
untrue, and if the tribunal finds the complaint well-founded

(a)it may make a declaration as to what it finds the employer's reasons were
for dismissing the employee; and

(b)it shall make an award that the employer pay to the employee a sum equal to
the amount of two weeks' pay.

(5) An industrial tribunal shall not entertain a complaint under this Article
relating to the reasons for a dismissal unless it is presented to the tribunal
at such a time that the tribunal would, in accordance with Article 59(5) or
(6), entertain a complaint of unfair dismissal in respect of that dismissal
presented at the same time.

(6) For the purposes of Part II of Schedule 2 as it applies for the
calculation of a week's pay for the purposes of this Article, the calculation
date where the dismissal was with notice is the date on which the employer's
notice was given and in any other case is the effective date of termination.

© 1976 Crown Copyright

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