The Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (N.I. 8)

BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Northern Ireland Orders in Council

You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (N.I. 8)
URL: http://www.bailii.org/nie/legis/num_orders/1998/19981265(03).html

[New search] [Help]

Statutory Instruments 1998 No. 1265 (N.I. 8)
The Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 - continued

Back to previous page

Effect of arbitration agreements
9. - (1) In Article 77 of the Sex Discrimination (Northern Ireland) Order 1976 (paragraph (3) of which prohibits contracting out of the provisions of that Order or the Equal Pay Act (Northern Ireland) 1970, but subject to exceptions specified in paragraph (4)), after paragraph (4C) there shall be added -

(b) shall be regarded for those purposes as neither being nor including such a contract in any other case.".

(2) In Article 146 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 (paragraph (1) of which prohibits contracting out of the provisions of that Order, but subject to exceptions specified in paragraphs (2) and (3)), after paragraph (6) there shall be added -

(b) shall be regarded for those purposes as neither being nor including such an agreement in any other case.".

(3) In section 9 of the Disability Discrimination Act 1995 (subsection (1) of which prohibits contracting out of the provisions of Part II of that Act, but subject to exceptions specified in subsection (2)), after subsection (5) there shall be added -

(b) shall be regarded as neither being nor including such an agreement in any other case.".

(4) In Article 245 of the Employment Rights (Northern Ireland) Order 1996 (paragraph (1) of which prohibits contracting out of the provisions of that Order, but subject to exceptions specified in paragraph (2)), after paragraph (4) there shall be added -

(b) shall be regarded as neither being nor including such an agreement in any other case.".

(5) In Article 68 of the Race Relations (Northern Ireland) Order 1997 (paragraph (5) of which prohibits contracting out of the provisions of that Order, but subject to exceptions specified in paragraph (6)), after paragraph (9) there shall be added -

(b) shall be regarded for those purposes as neither being nor including such a contract in any other case.".

Compromise agreements

Advice of non-lawyer
10. - (1) In each of the provisions specified in paragraph (2) (which provide that, for a compromise agreement to be valid, independent legal advice must have been received from a qualified lawyer), for "independent legal advice from a qualified lawyer" there shall be substituted "advice from a relevant independent adviser".

(2) The provisions referred to in paragraph (1) are -

(a) Article 77(4A)(c) of the Sex Discrimination (Northern Ireland) Order 1976;

(b) Article 146(4)(c) of the Trade Union and Labour Relations (Northern Ireland) Order 1995;

(c) section 9(3)(a) of the Disability Discrimination Act 1995;

(d) Article 245(3)(c) of the Employment Rights (Northern Ireland) Order 1996; and

(e) Article 68(7)(c) of the Race Relations (Northern Ireland) Order 1997.

Indemnity cover
11. - (1) In each of the provisions specified in paragraph (2) (which provide that, for a compromise agreement to be valid, there must have been in force a policy of insurance covering the risk of a claim against the person who provided the advice about the agreement), for "policy of insurance" there shall be substituted "contract of insurance, or an indemnity provided for members of a profession or professional body,".

(2) The provisions referred to in paragraph (1) are -

(a) Article 77(4A)(d) of the Sex Discrimination (Northern Ireland) Order 1976;

(b) Article 146(4)(d) of the Trade Union and Labour Relations (Northern Ireland) Order 1995;

(c) section 9(3)(b) of the Disability Discrimination Act 1995;

(d) Article 245(3)(d) of the Employment Rights (Northern Ireland) Order 1996; and

(e) Article 68(7)(d) of the Race Relations (Northern Ireland) Order 1997;

Other provisions

Settlements of redundancy cases
12. - (1) In Article 20(1) of the Industrial Tribunals (Northern Ireland) Order 1996 (which specifies the proceedings in relation to which the provisions about conciliation apply), in sub-paragraph (c) (proceedings under the Employment Rights (Northern Ireland) Order 1996) after head (ix) there shall be inserted -

(2) In Article 201(2) of the Employment Rights (Northern Ireland) Order 1996 (which defines "employer's payment" for the purposes of the provisions requiring the Department to make a payment to an employee whose employer is liable to pay him an employer's payment), after sub-paragraph (a) there shall be inserted -

(3) In Article 203(1) of that Order (which specifies the amount which the Department is required to pay in respect of an employer's payment), after sub-paragraph (a) there shall be inserted -

Dismissal procedures agreements
13. - (1) In Article 142 of the Employment Rights (Northern Ireland) Order 1996 (which provides that the statutory right not to be unfairly dismissed does not apply to employees covered by a designated dismissal procedures agreement), for paragraph (2) (which provides that the statutory right nevertheless applies in the case of dismissals specified in certain statutory provisions) there shall be substituted -

" (2) But if the agreement includes provision that it does not apply to dismissals of particular descriptions, paragraph (1) does not apply in relation to a dismissal of any such description.".

(2) In paragraph (3) of that Article (which specifies the matters as to which the Department must be satisfied before designating a dismissal procedures agreement), for sub-paragraph (e) (which requires a dismissal procedures agreement to provide for arbitration or independent adjudication where a decision cannot otherwise be reached) there shall be substituted -

(3) After paragraph (5) of that Article there shall be added -

" (6) Where an award is made under a designated dismissal procedures agreement it may be enforced, by leave of a county court, in the same manner as a judgment of the court to the same effect and, where leave is given, judgment may be entered in terms of the award.".

(4) In Article 229 of the Employment Rights (Northern Ireland) Order 1996 (which specifies the debts which the Department must satisfy if an employer has become insolvent) in paragraph (1)(d) (which specifies a basic award of compensation for unfair dismissal payable by the employer), after "dismissal" there shall be inserted "or so much of an award under a designated dismissal procedures agreement as does not exceed any basic award of compensation for unfair dismissal to which the employee would be entitled but for the agreement".

(5) The amendments made by paragraphs (1) and (2) do not affect any dismissal procedures agreement designated by the Department before those paragraphs come into operation.

PART IV
AWARDS OF COMPENSATION
Internal appeal procedures and unfair dismissal awards
14. After Article 162 of the Employment Rights (Northern Ireland) Order 1996 there shall be inserted -

" Internal appeal procedures

162A.

- (1) Where in a case in which an award of compensation for unfair dismissal falls to be made under Article 146(4) or 151(3)(a) the tribunal finds that -

the tribunal shall reduce the compensatory award included in the award of compensation for unfair dismissal by such amount (if any) as it considers just and equitable.

(2) Where in a case in which an award of compensation for unfair dismissal falls to be made under Article 146(4) or 151(3)(a) the tribunal finds that -

the award of compensation for unfair dismissal shall include a supplementary award of such amount (if any) as the tribunal considers just and equitable.

(3) In determining the amount of a reduction under paragraph (1) or a supplementary award under paragraph (2) the tribunal shall have regard to all the circumstances of the case, including in particular the chances that an appeal under the procedure provided by the employer would have been successful.

(4) The amount of such a reduction or supplementary award shall not exceed the amount of two weeks' pay.".

Acts which are both unfair dismissal and disability discrimination
15. - (1) In Article 151(6) of the Employment Rights (Northern Ireland) Order 1996 (which provides for a higher additional award for an unfairly dismissed employee who is not reinstated or re-engaged as ordered in a case where the dismissal is an act of discrimination within the meaning of other statutory provisions), at the end there shall be added

(2) Article 160(1) of the Employment Rights (Northern Ireland) Order 1996 (which prohibits recovery under more than one provision in the case of an act which is both unfair dismissal and sex or race discrimination) shall be amended as follows.

(3) For sub-paragraph (b) there shall be substituted -

(4) The words "two or three" shall cease to have effect.

(5) For the words "the other, or any of the others," there shall be substituted "any other of them".

PART V
AMENDMENTS AND REPEALS
Amendments and repeals
16. Schedule 1 (minor and consequential amendments) and Schedule 2 (repeals) shall have effect.

N.H. Nicholls
Clerk of the Privy Council

Prepared 10 June 1998

Continue

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_orders/1998/19981265(03).html

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Northern Ireland Orders in Council
You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (N.I. 8) URL: http://www.bailii.org/nie/legis/num_orders/1998/19981265(03).html