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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 68

68.(1) The provisions of Schedule 1 to the Act of 1965 (computation of period
of employment), and the provisions of any order for the time being in force
under section 7 of that Act in so far as it modifies that Schedule, shall have
effect for the purposes of this Order in determining for what period an
employee has been continuously employed.

(2) Where by virtue of Article 21(5) a date is to be treated as the effective
date of termination for the purpose of Article 24(1)(a) which is later than
the effective date of termination as defined by Article 21(4), then in
determining for the purpose of Article 24(1)(a) for what period an employee
has been continuously employed, the period of the interval between those two
dates shall count as a period of employment notwithstanding that it does not
count under the said Schedule 1.

(3) For the purposes of any proceedings under or by virtue of this Order a
person's employment during any period shall, unless the contrary is shown, be
presumed to have been continuous.

(4) The Department may by regulations make provision

(a)for preserving the continuity of a person's period of employment for the
purposes of Schedule 1 to the Act of 1965 or for the purposes of that Schedule
as applied by or under any other statutory provision specified in the
regulations, or

(b)for modifying or excluding the operation of sections 34 and 34A of the Act
of 1965 (which require the continuity of a period of employment to be treated
as broken for the purposes of that Act where a redundancy payment or an
equivalent payment is paid to an employee and he is subsequently re-engaged)
subject to the recovery of any such payment,

(5) This paragraph applies to any action taken in relation to the dismissal of
an employee which consists

(a)of the presentation by him of a complaint under Article 29, or

(b)of his making a claim in accordance with a dismissal procedures agreement
designated under Article 26, or

(c)of any action taken by [the Agency] under Article 62(5).

© 1976 Crown Copyright

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