Made | 21st July 1998 | ||
Laid before Parliament | 22nd July 1998 | ||
Coming into operation in accordance with Article 1(2) and (3) |
1. | Title and commencement. |
2. | Interpretation. |
3. | Protected disclosures. |
4. | Interpretative provisions of 1996 Order. |
5. | Right not to suffer detriment. |
6. | Complaints to industrial tribunal. |
7. | Limit on amount of compensation. |
8. | Unfair dismissal. |
9. | Redundancy. |
10. | Exclusion of restrictions on right not to be unfairly dismissed. |
11. | Dismissal of those taking part in unofficial industrial action. |
12. | Compensation for unfair dismissal. |
13. | Interim relief. |
14. | National security. |
15. | Work outside Northern Ireland. |
16. | Police officers. |
17. | Remedy for infringement of rights. |
18. | Amendment to the Shops (Sunday Trading &c.) (Northern Ireland) Order 1997. |
Interpretation
2.
- (1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order "the 1996 Order" means the Employment Rights (Northern Ireland) Order 1996.
Protected disclosures
3.
After Part V of the 1996 Order there shall be inserted -
(2) For the purposes of paragraph (1), it is immaterial whether the relevant failure occurred, occurs or would occur in the United Kingdom or elsewhere, and whether the law applying to it is that of the United Kingdom or of any other country or territory.
(3) A disclosure of information is not a qualifying disclosure if the person making the disclosure commits an offence by making it.
(4) A disclosure of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings is not a qualifying disclosure if it is made by a person to whom the information had been disclosed in the course of obtaining legal advice.
(5) In this Part "the relevant failure", in relation to a qualifying disclosure, means the matter falling within sub-paragraphs (a) to (f) of paragraph (1).
Disclosure to employer or other responsible person
67C.
- (1) A qualifying disclosure is made in accordance with this Article if the worker makes the disclosure in good faith -
(2) A worker who, in accordance with a procedure whose use by him is authorised by his employer, makes a qualifying disclosure to a person other than his employer, is to be treated for the purposes of this Part as making the qualifying disclosure to his employer.
Disclosure to legal adviser
67D.
A qualifying disclosure is made in accordance with this Article if it is made in the course of obtaining legal advice.
Disclosure to Minister of the Crown or a Northern Ireland department
67E.
A qualifying disclosure is made in accordance with this Article if -
(b) the disclosure is made in good faith to a Minister of the Crown or a Northern Ireland department.
Disclosure to prescribed person
67F.
- (1) A qualifying disclosure is made in accordance with this Article if the worker -
(2) An order prescribing persons for the purposes of this Article may specify persons or descriptions of persons, and shall specify the descriptions of matters in respect of which each person, or persons of each description, is or are prescribed.
Disclosure in other cases
67G.
- (1) A qualifying disclosure is made in accordance with this Article if -
(2) The conditions referred to in paragraph (1)(d) are -
(3) In determining for the purposes of paragraph (1)(e) whether it is reasonable for the worker to make the disclosure, regard shall be had, in particular, to -
(4) For the purposes of this Article a subsequent disclosure may be regarded as a disclosure of substantially the same information as that disclosed by a previous disclosure as mentioned in paragraph (2)(c) even though the subsequent disclosure extends to information about action taken or not taken by any person as a result of the previous disclosure.
Disclosure of exceptionally serious failure
67H.
- (1) A qualifying disclosure is made in accordance with this Article if -
(2) In determining for the purposes of paragraph (1)(e) whether it is reasonable for the worker to make the disclosure, regard shall be had, in particular, to the identity of the person to whom the disclosure is made.
Contractual duties of confidentiality
67J.
- (1) Any provision in an agreement to which this Article applies is void in so far as it purports to preclude the worker from making a protected disclosure.
(2) This Article applies to any agreement between a worker and his employer (whether a worker's contract or not), including an agreement to refrain from instituting or continuing any proceedings under this Order or any proceedings for breach of contract.
Extension of meaning of "worker" etc. for Part VA
67K.
- (1) For the purposes of this Part "worker" includes an individual who is not a worker as defined by Article 3(3) but who -
(b) contracts or contracted with a person, for the purposes of that person's business, for the execution of work to be done in a place not under the control or management of that person and would fall within Article 3(3)(b) if for "personally" in that provision there were substituted "(whether personally or otherwise)",
(c) works or worked as a person providing general medical services, general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made by a Health and Social Services Board under Article 56, 61, 62 or 63 of the Health and Personal Social Services (Northern Ireland) Order 1972, or
(d) is or was provided with work experience provided pursuant to a training course or programme or with training for employment (or with both) otherwise than -
and any reference to a worker's contract, to employment or to a worker being "employed" shall be construed accordingly.
(2) For the purposes of this Part "employer" includes -
(3) In this Article "educational establishment" includes any university, college, school or other educational establishment.
Other interpretative provisions
67L.
- (1) In this Part -
(2) In determining for the purposes of this Part whether a person makes a disclosure for purposes of personal gain, there shall be disregarded any reward payable by or under any statutory provision.
(3) Any reference in this Part to the disclosure of information shall have effect, in relation to any case where the person receiving the information is already aware of it, as a reference to bringing the information to his attention.".
Interpretative provisions of 1996 Order
4.
- (1) In Article 2(3) of the 1996 Order (interpretation) after the definition of "position" there shall be inserted -
(2) At the end of Article 3 of the 1996 Order (employees, workers etc.) there shall be added -
Right not to suffer detriment
5.
After Article 70A of the 1996 Order there shall be inserted -
(3) For the purposes of this Article, and of Articles 71 and 72 so far as relating to this Article, "worker", "worker's contract", "employment" and "employer" have the extended meaning given by Article 67K.".
Complaints to industrial tribunal
6.
- (1) Article 71 of the 1996 Order (complaints to industrial tribunals) shall be amended as follows.
(2) After paragraph (1) there shall be inserted -
(3) In paragraph (2) for "On such a complaint" there shall be substituted "On a complaint under this Article".
Limit on amount of compensation
7.
- (1) Article 72 of the 1996 Order (remedies) shall be amended as follows.
(2) At the beginning of paragraph (2) there shall be inserted "Subject to paragraph (6),".
(3) After paragraph (5) there shall be added -
any compensation must not exceed the compensation that would be payable under Chapter II of Part XI if the worker had been an employee and had been dismissed for the reason specified in Article 134A.".
Unfair dismissal
8.
After Article 134 of the 1996 Order there shall be inserted -
Redundancy
9.
In Article 137 of the 1996 Order (redundancy) after paragraph
(5) there shall be inserted -
Exclusion of restrictions on right not to be unfairly dismissed
10.
- (1) In Article 140(3) of the 1996 Order (cases where qualifying period of employment not required), after sub-paragraph (e) there shall be inserted -
(2) In Article 141(2) of the 1996 Order (disapplication of upper age limit), after sub-paragraph (e) there shall be inserted -
Dismissal of those taking part in unofficial industrial action
11.
In Article 143 of the 1996 Order (dismissal of those taking part in unofficial industrial action), in paragraph (2) (which provides that the exclusion of the right to complain of unfair dismissal does not apply in certain cases) after sub-paragraph (c) there shall be inserted -
Compensation for unfair dismissal
12.
- (1) In Article 146(4) of the 1996 Order (compensation for unfair dismissal) after "Articles 152 to 162A" there shall be inserted "or in accordance with regulations under Article 162B".
(2) In Article 151 of that Order (enforcement of order for reinstatement or re-engagement) -
(3) In Article 152 of that Order (general provisions as to unfair dismissal), at the beginning of paragraph (1) there shall be inserted "Subject to regulations under Article 162B,".
(4) After Article 162A of the 1996 Order there shall be inserted -
is that specified in Article 134A.
(2) The Department may by regulations provide that where this Article applies any award of compensation for unfair dismissal under Article 146(4), 151(1) or 151(3) shall, instead of being calculated in accordance with the provisions of Articles 151 to 162A, consist of one or more awards calculated in such manner as may be prescribed by the regulations.
(3) Regulations under this Article may, in particular, apply any of the provisions of Articles 151 to 162A with such modifications as may be specified in the regulations.".
Interim relief
13.
In Articles 163(1)(b) and 164(1) of the 1996 Order (which relate to interim relief) after "134" insert ", 134A".
National security
14.
- (1) Article 238 of the 1996 Order (national security) shall be amended as follows.
(2) In paragraph (2) -
(b) for sub-paragraph (d) there shall be substituted -
(3) After paragraph (3) there shall be added -
Work outside Northern Ireland
15.
- (1) Article 239 of the 1996 Order (employment outside Northern Ireland) shall be amended as follows.
(2) After paragraph (3) there shall be inserted -
(3) In paragraph (5), after "paragraphs (2)" there shall be inserted ", (3A)".
Police officers
16.
In Article 243 of the 1996 Order (police officers), in paragraph (1) (which lists provisions of the Order which do not apply to employment under a contract of employment in police service, or to persons engaged in such employment) after "Part V," there shall be inserted "Part VA,".
Remedy for infringement of rights
17.
In Article 247 of the 1996 Order (remedy for infringement of certain rights) after paragraph (1) there shall be inserted -
Amendment to the Shops (Sunday Trading &c.) (Northern Ireland) Order 1997
18.
In paragraph 10(11) of Schedule 2 to the Shops (Sunday Trading &c.) (Northern Ireland) Order 1997 -
N.H. Nicholls
Clerk of the Privy Council
© Crown copyright 1998 | Prepared
26 August 1998
|