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!

CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - LONG TITLE An Act to require a minimum period of notice to terminate the employment of those who have been employed for a qualifying period, to provide for matters connected with the giving of the notice, and to require employers to give written particulars of terms of employment; to provide for the making by employers of payments to employees in respect of redundancy; to establish a Northern Ireland Redundancy Fund and to require employers to pay contributions towards that fund and to enable sums to be paid into that fund out of the Consolidated Fund; to provide for payments to be made out of the Northern Ireland Redundancy Fund; to extend the jurisdiction of tribunals established under the Industrial Training Act (Northern Ireland) 1964 and to make further provision as to procedure in relation to such tribunals; to enable certain statutory provisions relating to compensation to be modified in consequence of the provision for payments in respect of redundancy; and for purposes connected with the matters aforesaid. [19th October 1965] PART I CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 1 1.(1) The notice required to be given by an employer to terminate the contract of employment of a person who has been continuously employed for [four weeks] or more (a)shall be not less than one week's notice if his period of continuous employment is less than two years; and [(b)shall be not less than one week's notice for each year of continuous employment if his period of continuous employment is two years or more but less than twelve years; and (c)shall be not less than twelve weeks' notice if his period of continuous employment is twelve years or more.] (2) The notice required to be given by an employee who has been continuously employed for [four weeks] or more to terminate his contract of employment shall be not less than one week. (3) Any provision for shorter notice in any contract of employment with a person who has been continuously employed for [four weeks] or more shall have effect subject to subsections (1) and (2), but this section shall not be taken to prevent either party from waiving his right to notice on any occasion, or from accepting a payment in lieu of notice. (4) Any contract of employment of a person who has been continuously employed for [twelve weeks] or more which is a contract for a term certain of four weeks or less shall have effect as if it were for an indefinite period and, accordingly, subsections (1) and (2) shall apply to the contract. (5) Schedule 1 shall apply for the purposes of this section and section 2 for ascertaining the length of an employee's period of employment and whether that period of employment has been continuous. (6) It is hereby declared that this section does not affect any right of either party to treat the contract as terminable without notice by reason of such conduct by the other part as would have enabled him so to treat it before the passing of this Act. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 2 The rights of employee in period of notice. 2.(1) If an employer gives notice to terminate the contract of employment of a person who has been continuously employed for [four weeks] or more, the provisions of Schedule 2 shall have effect as respects the liability of the employer for the period of notice required by section 1(1). (2) If an employee who has been continuously employed for [four weeks] or more gives notice to terminate his contract of employment, the provisions of Schedule 2 shall have effect as respects the liability of the employer for the period of notice required by section 1(2). (3) This section shall not apply in relation to a notice given by the employer or the employee if the notice to be given by the employer to terminate the contract must be at least one week more than the notice required by section 1(1). (4) So far as a contract purports to exclude or limit the obligations imposed on an employer by this section it shall be void. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 3 Measure of damages in proceedings against employers. 3. If an employer fails to give the notice required by section 1, the rights conferred by section 2 and Schedule 2 shall be taken into account in assessing his liability for breach of the contract. Written particulars of terms of employment. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 4 4.(1) Not later than thirteen weeks after the beginning of an employee's period of employment with an employer, the employer shall give to the employee a written statement identifying the parties, specifying the date when the employment began, [stating whether any employment with a previous employer counts as part of the employee's continuous period of employment with him, and if so specifying the date on which the continuous period of employment began] and giving the following particulars of the terms of employment as at a specified date not more than one week before the statement is given, that is (a)the scale or rate or remuneration, or the method of calculating remuneration; (b)the intervals at which remuneration is paid (that is, whether weekly or monthly or by some other period); (c)any terms and conditions relating to hours of work (including any terms and conditions relating to normal working hours); Para.(cc) rep. by 1976 NI 16 art.82(3) sch.7 (d)any terms and conditions relating to [(i)entitlement to holidays, including public holidays, and holiday pay (the particulars given being sufficient to enable the employee's entitlement, including any entitlement to accrued holiday pay on the termination of employment, to be precisely calculated);] (ii)incapacity for work due to sickness or injury, including any provisions for sick pay; <(iii)pensions and pension schemes; and (e)the length of notice which the employee is obliged to give and entitled to receive to determine his contract of employment; [and (f)the title of the job which the employee is employed to do;] Provided that paragraph (d)(iii) shall not apply to the employees of any body or authority if the employees' pension rights depend on the terms of a pension scheme established under any statutory provision and the body or authority are required by any such provision to give to new employees information concerning their pension rights, or concerning the determination of questions affecting their pension rights. [(1A) Subject to [subsections (1B) and (1C)], every statement given to an employee under subsection (1) shall include a note (a)specifying any disciplinary rules applicable to the employee, or referring to a document which is reasonably accessible to the employee and which specifies such rules; (b)specifying, by description or otherwise (i)a person to whom the employee can apply if he is dissatisfied with any disciplinary decision relating to him; and (ii)a person to whom the employee can apply for the purpose of seeking redress of any grievance relating to his employment, (b)and the manner in which any such application should be made; (c)where there are further steps consequent upon any such application, explaining those steps or referring to a document which is reasonably accessible to the employee and which explains them; and (d)stating whether a contracting-out certificate is in force for the employment in respect of which the statement is given, (1B) Nothing in paragraph (d) of subsection (1A) shall be taken as authorising or requiring any tribunal acting under this Act to determine any question whether an employment is, has been or will be contracted-out employment.] [(1C) The provisions of paragraphs (a) to (c) of subsection (1A) shall not apply to rules, disciplinary decisions, grievances or procedures relating to health or safety at work.] (2) If there are no particulars to be entered under any of the heads of paragraph (d), or under any of the other provisions of subsection (1), that fact shall be stated. (3) If the contract is for a fixed term, the date when the contract expires shall be stated. (4) If after the date to which the statement relates there is a change in the terms to be included, or referred to, in the statement, the employer shall, not more than one month after the change, inform the employee of the nature of the change by a written statement and, if he does not leave a copy of the statement with the employee, shall preserve the statement and ensure that the employee has reasonable opportunities of reading it in the course of his employment, or that it is made reasonably accessible to him in some other way. (5) A statement under subsection (1) or subsection (4) may, for all or any of the particulars to be given by the statement, refer the employee to some document which the employee has reasonable opportunities of reading in the course of his employment, or which is made reasonably accessible to him in some other way. (6) If the employer in referring in the statement to any such document indicates to the employee that future changes in the terms the particulars of which are given in the document will be entered up in the document (or recorded by some other means for the information of persons referring to the document) the employer need not under subsection (4) inform the employee of any such change which is duly entered up or recorded not more than one month after the change is made. [(6A) Where, after an employer has given to an employee a written statement in accordance with section 4(1) (a)the name of the employer (whether an individual or a body corporate or partnership) is changed, without any change in the identity of the employer, or (b)the identity of the employer is changed, in such circumstances that, in accordance with paragraph 10 or 11 of Schedule 1, the continuity of the employee's period of employment is not broken, (6B) A written statement under this section which informs an employee of such a change in his terms of employment as is referred to in subsection (6A)(b) shall specify the date on which the employee's continuous period of employment began.] (7) If, not more than six months after the termination of an employee's period of employment, a further period of employment is begun with the same employer, and the terms of employment are the same, no statement need be given under subsection (1) in respect of the second period of employment, but without prejudice to the operation of subsection (4) if there is a change in the terms of employment. (8) This section shall not apply to an employee if and so long as (a)his contract of employment is a contract which has been reduced to writing in one or more documents and which contains express terms affording the particulars to be given under each of the paragraphs in subsection (1), and under each head of paragraph (d) of that subsection; and (b)a copy of the contract (with any variations made from time to time) has been given to the employee, or the employee has reasonable opportunities of reading such a copy in the course of his employment, or such a copy is made reasonably accessible to him in some other way; [and (c)such a note as is mentioned in section 4(1A) has been given to the employee or he has reasonable opportunities of reading such a note in the course of his employment or such a note is made reasonably accessible to him in some other way;] (9) [Subject to subsections (10) to (11A),] no account shall be taken under this section of employment during any period when the hours of employment are normally less than [sixteen hours] weekly, and this section shall apply to an employee who at any time comes or ceases to come within the exception in this subsection as if a period of employment terminated or began at that time. [(10) If the employee's relations with his employer cease to be governed by a contract which normally involves work for sixteen hours or more weekly and become governed by a contract which normally involves employment for eight hours or more, but less than sixteen hours, weekly, the employee shall nevertheless for a period of twenty-six weeks computed in accordance with the next following subsection be treated for the purposes of the foregoing subsection as if his contract normally involved employment for sixteen hours or more weekly. (11) In computing the said period of twenty-six weeks no account shall be taken of any week (a)during which the employee is in fact employed for sixteen hours or more; (b)during which the employee takes part in a strike or is absent from work because of a lock-out by his employer; or (c)during which there is no contract of employment but which, by virtue of paragraph 5(1) of Schedule 1, counts in computing a period of continuous employment. (11A) An employee whose relations with his employer are governed by a contract of employment which normally involves employment for eight hours or more, but less than sixteen hours, weekly shall nevertheless, if he has been continuously employed for a period of five years or more (computed in accordance with Schedule 1) be treated for the purposes of subsection (9) as if his contract normally involved employment for sixteen hours or more weekly.] (12) The Ministry of Health and Social Services (in this Act referred to as "the Ministry") may by order made subject to negative resolution provide that this section shall have effect as if such further particulars as may be specified in the order were included in the particulars to be included in a statement under this section. (13) An order under subsection (12) may contain such transitional and other supplemental and incidental provisions, including provisions amending subsection (1), as are appropriate. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 5 References to tribunal as to particulars of terms of employment. 5.(1) Where an employer is required by section 4 to give to an employee a written statement under subsection (1) or subsection (4) of that section, and the employer does not give such a statement to the employee within the time limited by that section, the employee may require a reference to be made to a tribunal to determine what particulars ought to have been included or referred to in a statement given so as to comply with the requirements of that section. (2) Where a statement purporting to be a statement under subsection (1) or subsection (4) of section 4 is given by an employer to an employee, and a question arises as to the particulars which ought to have been included or referred to in the statement so as to comply with the requirements of that section, either the employer or the employee may require that question to be referred to a tribunal. (3) Where a statement under subsection (1) or subsection (4) of section 4 given by an employer to an employee contains such an indication as is mentioned in subsection (6) of that section and (a)any particulars purporting to be particulars of a change to which that indication relates are entered up or recorded in accordance with that indication, and (b)a question arises as to the particulars which ought to have been so entered up or recorded, (4) Where, on a reference under subsection (1), a tribunal determines particulars as being those which ought to have been included or referred to in a statement, the employer shall be deemed to have given to the employee a statement in which those particulars were included, or referred to, as specified in the decision of the tribunal. (5) On determining a reference under subsection (2), a tribunal may either confirm the particulars as included or referred to in the statement given by the employer, or may amend those particulars, or may substitute other particulars for them, as the tribunal may determine to be appropriate; and the statement shall be deemed to have been given by the employer to the employee in accordance with the decision of the tribunal. (6) On determining a reference under subsection (3), a tribunal may either confirm the particulars to which the reference relates, or may amend those particulars, or may substitute other particulars for them, as the tribunal may determine to be appropriate; and particulars of the change to which the reference relates shall be deemed to have been entered up or recorded in accordance with the decision of the tribunal. (7) Any matter required to be referred to a tribunal in pursuance of this section shall be referred to, and determined by, a tribunal in accordance with regulations made [under Article 59 of the Industrial Relations (Northern Ireland) Order 1976.] [(8) A tribunal shall not entertain a reference under this section in a case where the employment to which the reference relates has ceased unless an application requiring the reference to be made was, in accordance with the regulations referred to in subsection (7) made before the end of the period of three months beginning with the date on which the employment ceased.] Excluded categories of employees. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 6 6.(1) The foregoing sections shall not apply to (a)a person employed as master of or a seaman on a seagoing British ship having a gross registered tonnage of 80 tons or more, including a person ordinarily employed as a seaman who is employed in or about such a ship in port by the owner or charterer of the ship to do work of a kind ordinarily done by a seaman on such a ship while it is in port; or Para.(b) rep. by 1970 c.36 s.100 sch.5 (c)a person employed as a skipper of or a seaman on a fishing boat for the time being required to be registered under section 373 of the said Act. [(1A) Section 1 shall not apply to a person employed under a contract made in contemplation of the performance of a specific task which is not expected to last for more than twelve weeks, unless the employee has been continuously employed for a period of more than twelve weeks (computed in accordance with Schedule 1).] (2) Section 4 shall not apply to any dock worker employed on a daily basis. (3) Section 4 shall not apply where the employee is the [husband or wife] of the employer. (4) Section 4 shall apply to an employee who at any time comes or ceases to come within the exceptions provided for by or under this section as if a period of employment terminated or began at that time. (5) The Ministry may by order (a)provide that all or any of the foregoing sections shall not apply to persons or to employment of such classes or descriptions as may be prescribed by the order; (b)vary or revoke any of the provisions of subsections (1), (2) and (3). (6) An order under subsection (5) may contain such transitional and other supplemental and incidental provisions as are appropriate. (7) An order shall not be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament. (8) In this section "dockworker" means an individual employed in, or in the vicinity of, any port on work in connection with the loading, unloading, movement or storage of cargoes, or work in connection with the preparation of ships or other vessels for the receipt or discharge of cargoes or for leaving port. Power to vary number of weekly hours of employment necessary to qualify for rights. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 7 7.[(1) The Department shall have power by order to provide that this Part shall have effect as if (a)for each of the references to sixteen hours in section 4(9) to (11A) and in paragraphs 3, 4, 4A, 4B and 4C of Schedule 1 there were substituted a reference to such other number of hours less than sixteen as may be specified in the order; and (b)as if for each of the references to eight hours in section 4(10) and (11A) and in paragraphs 4B and 4C of the said Schedule there were substituted a reference to such other number of hours less than eight as may be specified in the order. (2) An order under the foregoing subsection shall affect the operation of Schedule 1 as respects periods before the order takes effect as well as respects later periods.] (3) An order under this section may contain such transitional and other supplemental and incidental provisions as are appropriate. (4) An order shall not be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 8 Application of sections 1 and 2. 8. Sections 1 and 2 shall apply in relation to any contract made before they come into force, and in relation to a contract all or any of the terms of which are terms which take effect by virtue of any transferred provision (including such a provision passed or made after the passing of this Act), as they apply in relation to any other contract. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 9 Work outside Northern Ireland. 9.(1) Sections 1 to 4 shall not apply in relation to employment during any period when the employee is engaged in work wholly or mainly outside Northern Ireland unless the employee ordinarily works in Northern Ireland and the work outside Northern Ireland is for the same employer. (2) Subject to subsection (1), this Part shall apply whatever the law governing the contract between the employer and the employee. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 10 10. Commencement General provisions as to right to redundancy payment. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 11 11.(1) Where on or after the appointed day an employee who has been continuously employed for the requisite period (a)is dismissed by his employer by reason of redundancy, or (b)is laid off or kept on short-time to the extent specified in subsection (1) of section 16 and complies with the requirements of that section, (2) For the purposes of this Act an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to (a)the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed, or (b)the fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where he was so employed, have ceased or diminished or are expected to cease or diminish. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 12 General exclusions from right to redundancy payment. 12.(1) An employee shall not be entitled to a redundancy payment if immediately before the relevant date the employee (a)if a man, has attained the age of sixty-five, or (b)if a woman, has attained the age of sixty. (2) Except as provided by section 20, an employee shall not be entitled to a redundancy payment by reason of dismissal where his employer, being entitled to terminate his contract of employment without notice by reason of the employee's conduct, terminates it either (a)without choice, or (b)by giving shorter notice than that which, in the absence of such conduct, the employer would be required to give to terminate the contract, or (c)by giving notice (not being such shorter notice as is mentioned in paragraph (b)) which includes, or is accompanied by, a statement in writing that the employer would, by reason of the employee's conduct, be entitled to terminate the contract without notice. [(3) If an employer makes an employee an offer (whether in writing or not) before the ending of his employment under the previous contract to renew his contract of employment, or to re-engage him under a new contract of employment, so that the renewal or re-engagement would take effect either immediately on the ending of his employment under the previous contract or after an interval of not more than four weeks thereafter the provisions of subsections (5) and (6) shall have effect. (4) For the purposes of the application of the last preceding subsection to a contract under which the employment ends on a Friday, Saturday or Sunday (a)the renewal or re-engagement shall be treated as taking effect immediately on the ending of the employment under the previous contract if it takes effect on or before the next Monday after that Friday, Saturday or Sunday; and (b)the interval of four weeks shall be calculated as if the employment had ended on that Monday. (5) If an employer makes an employee such an offer as is referred to in subsection (3) and either (a)the provisions of the contract as renewed, or of the new contract, as to the capacity and place in which he would be employed, and as to the other terms and conditions of his employment, would not differ from the corresponding provisions of the previous contract; or (b)the first mentioned provisions would differ (wholly or in part) from those corresponding provisions, but the offer constitutes an offer of suitable employment in relation to the employee; (6) If an employee's contract of employment is renewed, or he is re-engaged under a new contract of employment, in pursuance of such an offer as is referred to in subsection (3) and the provisions of the contract as renewed, or of the new contract, as to the capacity and place in which he is employed, and as to the other terms and conditions of his employment, differ (wholly or in part) from the corresponding provisions of the previous contract but the employment is suitable in relation to the employee, and during the trial period referred to in section 13 the employee unreasonably terminates the contract, or unreasonably gives notice to terminate it and the contract is thereafter, in consequence, terminated, he shall not be entitled to a redundancy payment by reason of his dismissal from employment under the previous contract.][ CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 13 Dismissal by employer. 13.(1) In this Part "dismiss" and "dismissal" shall be construed in accordance with the provisions of this section and the next following section. (2) Subject to the following provisions of this section and to the next following section, an employee shall be treated as dismissed by his employer, if, but only if (a)the contract under which he is employed by the employer is terminated by the employer, whether it is so teminated by notice or without notice, or (b)where under that contract he is employed for a fixed term, that term expires without being renewed under the same contract, or (c)the employee terminates that contract, with or without notice, in circumstances (not falling within section 20(4)) such that he is entitled to terminate it without notice by reason of the employer's conduct. (3) If an employee's contract of employment is renewed, or he is re-engaged under a new contract of employment in pursuance of an offer (whether in writing or not) made by his employer before the ending of his employment under the previous contract, and the renewal or re-engagement takes effect either immediately on the ending of that employment or after an interval of not more than four weeks thereafter, then, subject to subsections (5) to (8), the employee shall not be regarded as having been dismissed by his employer by reason of the ending of his employment under the previous contract. (4) For the purposes of the application of the last preceding subsection to a contract under which the employment ends on a Friday, Saturday or Sunday (a)the renewal or re-engagement shall be treated as taking effect immediately on the ending of the employment if it takes effect on or before the Monday after that Friday, Saturday or Sunday, and (b)the interval of four weeks referred to in that subsection shall be calculated as if the employment had ended on that Monday. (5) If in a case to which subsection (3) applies, the provisions of the contract as renewed, or the new contract, as to the capacity and place in which the employee is employed, and as to the other terms and conditions of his employment, differ (wholly or in part) from the corresponding provisions of the previous contract, there shall be a trial period in relation to the contract as renewed, or the new contract (whether or not there has been a previous trial period under this section). (6) The trial period shall begin with the ending of the employee's employment under the previous contract and end with the expiration of the period of four weeks beginning with the date on which the employee starts work under the contract as renewed, or the new contract, or such longer period as may be agreed in accordance with the next following subsection for the purpose of retaining the employee for employment under that contract. (7) Any such agreement shall (a)be made between the employer and the employee or his representative before the employee starts work under the contract as renewed or, as the case may be, the new contract; (b)be in writing; (c)specify the date of the end of the trial period; and (d)specify the terms and conditions of employment which will apply in the employee's case after the end of that period. (8) If during the trial period (a)the employee, for whatever reason, terminates the contract, or gives notice to terminate it and the contract is thereafter, in consequence, terminated; or (b)the employer, for a reason connected with or arising out of the change to the renewed, or new, employment, terminates the contract, or gives notice to terminate it and the contract is thereafter, in consequence, terminated, (9) Subject to the next following subsection and to the next following section, in this Part "the relevant date", in relation to the dismissal of an employee (a)where his contract of employment is terminated by notice, whether given by his employer or by the employee, means the date on which that notice expires; (b)where his contract of employment is terminated without notice means the date on which the termination takes effect; (c)where he is employed under a contract for a fixed term and that term expires as mentioned in subsection (2)(b), means the date on which that term expires; and (d)where he is treated, by virtue of subsection (8), as having been dismissed on the termination of his employment under a previous contract, means (i)for the purposes of section 31, the date which is the relevant date as defined by paragraph (a), (b) or (c) in relation to the renewed, or new, contract, or, where there has been more than one trial period, the last such contract; and (ii)for any other purpose, the date which is the relevant date as defined by paragraph (a), (b) or (c) in relation to the previous contract, or, where there has been more than one trial period, the original contract. (10) Where the notice required to be given by an employer to terminate a contract of employment by section 1(1) would, if duly given when notice of termination was given by the employer, or (where no notice was given) when the contract of employment was terminated by the employer, expire on a date later than the relevant date as defined by the last preceding subsection, then for the purposes of section 18(1) and paragraphs 1(1) and 5(5) of Schedule 3 that later date shall be treated as the relevant date in relation to the dismissal.] CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 14 Employee anticipating expiry of employer's notice. 14.(1) The provisions of this section shall have effect where (a)an employer gives notice to an employee to terminate his contract of employment, and (b)at a time within the obligatory period of that notice, the employee gives notice in writing to the employer to terminate the contract of employment on a date earlier than the date on which the employer's notice is due to expire. (2) Subject to the following provisions of this section, in the circumstances specified in subsection (1) the employee shall, for the purposes of this Part, be taken to be dismissed by his employer, and "the relevant date" in relation to that dismissal shall be the date on which the employee's notice expires. (3) If, before the employee's notice is due to expire, the employer gives him notice in writing (a)requiring him to withdraw his notice terminating the contract of employment as mentioned in subsection (1)(b) and to continue in the employment until the date on which the employer's notice expires, and (b)stating that, unless he does so, the employer will contest any liability to pay to him a redundancy payment in respect of the termination of his contract of employment, (4) Where, in the circumstances specified in subsection (1), the employer has given notice to the employee under subsection (3), and on a reference to a tribunal (in accordance with section 19) it appears to the tribunal, having regard both to the reasons for which the employee seeks to leave the employment and those for which the employer requires him to continue in it, to be just and equitable that the employee should receive the whole or part of any redundancy payment to which he would have been entitled apart from subsection (3), the tribunal may determine that the employer shall be liable to pay to the employee (a)the whole of the redundancy payment to which the employee would have been so entitled, or (b)such part of that redundancy payment as the tribunal thinks fit. (5) In this section (a)if the actual period of the employer's notice (that is to say, the period beginning at the time when the notice is given and ending at the time when it expires) is equal to the minimum period which (whether by virtue of Part I or otherwise) is required to be given by the employer to terminate the contract of employment, "the obligatory period", in relation to that notice, means the actual period of the notice; (b)in any other case, "the obligatory period", in relation to an employer's notice, means that period which, being equal to the minimum period referred to in paragraph (a), expires at the time when the employer's notice expires. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 15 Lay-off and short-time. 15.(1) Where an employee is employed under a contract on such terms and conditions that his remuneration thereunder depends on his being provided by the employer with work of the kind which he is employed to do, he shall for the purposes of this Part be taken to be laid off for any week in respect of which, by reason that the employer does not provide such work for him, he is not entitled to any remuneration under the contract. (2) Where by reason of a diminution in the work provided for an employee by his employer (being work of a kind which under his contract the employee is employed to do) the employee's remuneration for any week is less than half a week's pay ... he shall for the purposes of this Part be taken to be kept on short-time for that week. [(2A) For the purposes of Part II of Schedule 2 to the Industrial Relations (Northern Ireland) Order 1976 as it applies for the calculation of a week's pay for the purposes of the last preceding subsection, the calculation date is the day immediately preceding the first of the four or, as the case may be, the six weeks referred to in section 16(1).] (3) In this section and in section 16 and 17 "week", in relation to an employee whose remuneration is calculated weekly by a week ending on a day other than Saturday, means a week ending with that other day, and, in relation to any other employee, means a week ending with Saturday. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 16 Right to redundancy payment by reason of lay-off or short-time. 16.(1) An employee shall not be entitled to a redundancy payment by reason of being laid off or kept on short-time unless he gives notice in writing to his employer indicating (in whatsoever terms) his intention to claim a redundancy payment in respect of lay-off or short-time (in this section and in section 17 referred to as a "notice of intention to claim") and, before the service of that notice, either (a)he has been laid off or kept on short-time for four or more consecutive weeks of which the last before the service of the notice ended on the date of service thereof or ended not more than four weeks before that date, or (b)he has been laid off or kept on short-time for a series of six or more weeks (of which not more than three were consecutive) within a period of thirteen weeks, where the last week of the series before the service of the notice ended on the date of service thereof or ended not more than four weeks before that date. (2) In this Part "the relevant date", in relation to a notice of intention to claim or a right to a redundancy payment in pursuance of such a notice, (a)in a case falling within paragraph (a) of subsection (1), means the date on which the last of the four or more consecutive weeks before the service of the notice came to an end, and (b)in a case falling within paragraph (b) of that subsection, means the date on which the last of the series of six or more weeks before the service of the notice came to an end. (3) Where an employee has given notice of intention to claim, (a)he shall not be entitled to a redundancy payment in pursuance of that notice unless he terminates his contract of employment by a week's notice which (whether given before or after or at the same time as the notice of intention to claim) is given before the end of the period allowed for the purposes of this paragraph (as specified in section 17(5)), and (b)he shall not be entitled to a redundancy payment in pursuance of the notice of intention to claim if he is dismissed by his employer (but without prejudice to any right to a redundancy payment by reason of the dismissal): Provided that, if the employee is required by his contract of employment to give more than a week's notice to terminate the contract, the reference in paragraph (a) to a week's notice shall be construed as a reference to the minimum notice which he is so required to give. (4) Subject to subsection (5), an employee shall not be entitled to a redundancy payment in pursuance of a notice of intention to claim if, on the date of service of that notice, it was reasonably to be expected that the employee (if he continued to be employed by the same employer) would, not later than four weeks after that date, enter upon a period of employment of not less than thirteen weeks during which he would not be laid off or kept on short-time for any week. (5) Subsection (4) shall not apply unless, within seven days after the service of the notice of intention to claim, the employer gives to the employee notice in writing (in section 17 referred to as a "counter-notice") that he will contest any liability to pay to him a redundancy payment in pursuance of the notice of intention to claim. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 17 Supplementary provisions as to redundancy payments in respect of lay-off or short-time. 17.(1) If, in a case where an employee gives notice of intention to claim and the employer gives a counter-notice, the employee continues or has continued, during the next four weeks after the date of service of the notice of intention to claim, to be employed by the same employer, and he is or has been laid off or kept on short-time for each of those weeks, it shall be conclusively presumed that the condition specified in section 16(4) was not fulfilled. (2) For the purposes of section 16(1), and for the purposes of the preceding subsection, it is immaterial whether a series of weeks (whether it is four weeks, or four or more weeks, or six or more weeks) consists wholly of weeks for which the employee is laid off or wholly of weeks for which he is kept on short-time or partly of the one and partly of the other. (3) For the purposes mentioned in subsection (2), no account shall be taken of any week for which an employee is laid off or kept on short-time where the lay-off or short-time is wholly or mainly attributable to a strike or a lock-out, whether the strike or lock-out is in the trade or industry in which the employee is employed or not and whether it is in Northern Ireland or elsewhere. (4) Where the employer gives a counter-notice within seven days after the service of a notice of intention to claim, and does not withdraw the counter-notice by a subsequent notice in writing, the employee shall not be entitled to a redundancy payment in pursuance of the notice of intention to claim except in accordance with a decision of a tribunal. (5) The period allowed for the purposes of section 16(3)(a) is as follows, that is to say, (a)if the employer does not give a counter-notice within seven days after the service of the notice of intention to claim, that period is three weeks after the end of those seven days; (b)if the employer gives a counter-notice within those seven days, but withdraws it by a subsequent notice in writing, that period is three weeks after the service of the notice of withdrawal; (c)if the employer gives a counter-notice within those seven days and does not so withdraw it, and a question as to the right of the employee to a redundancy payment in pursuance of the notice of intention to claim is referred to a tribunal, that period is three weeks after the tribunal has notified to the employee its decision on that reference. (6) For the purposes of subsection (5)(c) no account shall be taken of any appeal against the decision of the tribunal, or of any requirement to the tribunal to state a case for the opinion of the Court of Appeal, or of any proceedings or decision in consequence of such an appeal or requirement. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 18 Continuous employment for requisite period. 18.(1) For the purposes of section 11(1) the requisite period is the period of [two years] ending with the relevant date, excluding any week which began before the employee attained the age of eighteen. (2) Subject to subsection (1), and to the following provisions of this section, the provisions of Schedule 1, and the provisions of any order for the time being in force under section 7 in so far as it modifies Schedule 1, shall have effect for the purposes of this Part in determining whether an employee has been continuously employed for the requisite period. (3) Where by virtue of section [13(3)] an employee is treated as not having been dismissed by reason of a renewal or re-engagement taking effect after an interval, then, in determining for the purposes of section 11(1) whether he has been continuously employed for the requisite period, the period of that interval shall count as a period of employment, notwithstanding that it does not count under Schedule 1. [(3A) Where by virtue of section 13(10) a date is to be treated as the relevant date for the purposes of subsection (1) which is later than the relevant date as defined by subsection (9) of that section, then in determining for the purposes of section 11(1) whether the employee has been continuously employed for the requisite period, the period of the interval between those two dates shall count as a period of employment notwithstanding that it does not count under Schedule 1.] (4) The preceding provisions of this section shall have effect subject to [sections 27, 34 and 34A] in cases to which those sections apply respectively. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 19 Reference of questions to tribunal. 19.(1) Any question arising under this Part as to the right of an employee to a redundancy payment, or as to the amount of a redundancy payment, shall, in accordance with regulations made under Part IV, be referred to and determined by a tribunal. (2) For the purposes of any such reference (a)a person's employment during any period shall, unless the contrary is proved, be presumed to have been continuous; (b)an employee who has been dismissed by his employer shall, unless the contrary is proved, be presumed to have been so dismissed by reason of redundancy. (3) In relation to lay-off or short-time, the questions which may be referred to and determined by a tribunal, as mentioned in subsection (1), shall include any question whether an employee will become entitled to a redundancy payment if he is not dismissed by his employer and he terminates his contract of employment as mentioned in section 16(3)(a); and any such question shall for the purposes of this Part be taken to be a question as to the right of the employee to a redundancy payment. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 20 Special provisions as to termination of contract in cases of misconduct or industrial dispute. 20.(1) Where at any such time as is mentioned in subsection (2), an employee who (a)has been given notice by his employer to terminate his contract of employment, or (b)has given notice to his employer under section 16(1), (2) The times referred to in subsection (1) are (a)in a case falling within paragraph (a) of that subsection, any time within the obligatory period of the employer's notice (as defined by section 14(5)), and (b)in a case falling within paragraph (b) of subsection (1), any time after the service of the notice mentioned in that paragraph. (3) Where at any such time as is mentioned in subsection (2) an employee's contract of employment, otherwise than by reason of his taking part in a strike, is terminated by his employer in the circumstances specified in subsection (2) of section 12, and is so terminated as mentioned in the said subsection (2), and on a reference to a tribunal it appears to the tribunal, in the circumstances of the case, to be just and equitable that the employee should receive the whole or part of any redundancy payment to which he would have been entitled apart from the last-mentioned subsection, the tribunal may determine that the employer shall be liable to pay to the employee (a)the whole of the redundancy payment to which the employee would have been so entitled, or (b)such part of that redundancy payment as the tribunal thinks fit. (4) Where an employee terminates his contract of employment without notice, being entitled to do so by reason of a lock-out by his employer, [section 13(2)(c)] shall not apply to that termination of the contract. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 21 Exemption orders. 21.(1) If at any time there is in force an agreement between one or more employers or organisations of employers and one or more trade unions representing employees, whereby employees to whom the agreement applies have a right in certain circumstances to payments on the termination of their contracts of employment, and, on the application of all the parties to the agreement, the Ministry, having regard to the provisions of the agreement, is satisfied that section 11 should not apply to those employees, the Ministry may make an order under this section in respect of that agreement. (2) The Ministry shall not make an order under this section in respect of an agreement unless the agreement indicates (in whatsoever terms) the willingness of the parties to it to submit to a tribunal such questions as are mentioned in paragraph (b) of subsection (3). (3) Where an order under this section is in force in respect of an agreement (a)section 11 shall not have effect in relation to any employee who immediately before the relevant date is an employee to whom the agreement applies, and (b)section 19 shall have effect in relation to any question arising under the agreement as to the right of an employee to a payment on the termination of his employment, or as to the amount of such a payment, as if the payment were a redundancy payment and the question arose under this Part. (4) Notwithstanding anything insection 17(2) of the Interpretation Act (Northern Ireland) 1954 (revocation of statutory instruments to be subject to the like consent and conditions as the making thereof), an order made under this section with respect to an agreement may be revoked by a subsequent order whether in pursuance of an application made by all or any of the parties to the agreement or without any such application. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 22 Claims as to recognised terms or conditions. 22.(1) [A claim under paragraph 1 of Schedule 3 to the Industrial Relations (No. 2) (Northern Ireland) Order 1976 (claims as to recognised terms and conditions and general level of terms and conditions) may be reported to [the Labour Relations Agency] in accordance with that Schedule], and may be referred by [the Agency] to the Industrial Courts and the Industrial Court may make an award [under that Schedule] on such a reference, notwithstanding that the terms or conditions, which it is claimed that the employer is not observing, consist of or include terms or conditions as to payments to be made to employees in the circumstances specified in paragraph (a) or paragraph (b) of section 11(1) of this Act, or in similar circumstances, and that provision for redundancy payments is made by this Act. (2) [Where a claim which is reported to [the Agency] under the said paragraph 1 is founded upon recognised terms and conditions and relates to an agreement in respect of which an order under section 21 is for the time being in force, and the Industrial Court makes an award] in pursuance of that claim, section 21(3) shall have effect in relation to all persons in respect of whom the employer is required by that award to observe the recognised terms or conditions, whether they are persons to whom section 21(3) would apply apart from this subsection or not. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 23 Change of ownership of business. 23.(1) The provisions of this section shall have effect where (a)a change occurs (whether by virtue of a sale or other disposition or by operation of law) in the ownership of a business for the purposes of which a person is employed, or of a part of such a business, and (b)in connection with that change the person by whom the employee is employed immediately before the change occurs (in this section referred to as "the previous owner") terminates the employee's contract of employment, whether by notice or without notice. (2) If, by agreement with the employee, the person who immediately after the change occurs is the owner of the business or of the part of the business in question, as the case may be, (in this section referred to as "the new owner") renews the employee's contract of employment (with the substitution of the new owner for the previous owner) or re-engages him under a new contract of employment, [subsections (3) to (10) of section 13] shall have effect as if the renewal or re-engagement had been a renewal or re-engagement by the previous owner (without any substitution of the new owner for the previous owner). (3) If the new owner offers to renew the employee's contract of employment (with the substitution of the new owner for the previous owner) or to re-engage him under a new contract of employment, [subsections (3) to (6) of section 12 shall have effect subject to the next following subsection, in relation to that offer as they would have had effect in relation to the like offer made by the previous owner.] (4) For the purposes of the operation, in accordance with subsection (3), of [subsections (3) to (6)] of section 12 in relation to an offer made by the new owner, (a) the offer shall not be treated as one whereby the provisions of the contract as renewed, or of the new contract, as the case may be, would differ from the corresponding provisions of the contract as in force immediately before the dismissal by reason only that the new owner would be substituted for the previous owner as the employer, and (b)no account shall be taken of that substitution in determining whether the refusal of the offer was unreasonable [or, as the case may be, whether the employee acted reasonably in terminating the renewed, or new, employment during the trial period referred to in section 13]. (5) The preceding provisions of this section shall have effect in relation to a case where (a)the person by whom a business, or part of a business, is owned immediately before a change is one of the persons by whom (whether as partners, trustees or otherwise) it is owned immediately after the change, or (b)the persons by whom a business, or part of a business, is owned immediately before a change (whether as partners, trustees or otherwise) include the person by whom, or include one or more of the persons by whom, it is owned immediately after the change, (6) Nothing in this section shall be construed as requiring any variation of a contract of employment by agreement between the parties to be treated as constituting a termination of the contract.[ CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 23A Transfer to Crown employment. 23A.(1) Section 23 shall apply to a transfer of functions from a person not acting on behalf of the Crown (in this section referred to as the transferor) to a Minister of the Crown, a Northern Ireland department or a department of the Government of the United Kingdom (in this section referred to as the transferee) as that section applies to a transfer of a business, but with the substitution for references to the previous owner and new owner of references to the transferor and transferee respectively. (2) In so far as the renewal or re-engagement of the employee by the transferee is in employment otherwise than under a contract of employment (a)references in section 23 (and in sections 12(4) to (6) and 13(3) to (10) as they apply by virtue of that section) to a contract of employment or to the terms of such a contract shall be construed as references to employment otherwise than under such a contract and to the terms of such employment; and (b)references in subsection (4) of that section, as modified by subsection (1) of this section, to the substitution of the transferee for the transferor shall be construed as references to the substitution of employment by the transferee otherwise than under a contract of employment for employment by the transferor under such a contract.] CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 24 Exclusion or reduction of redundancy payment on account of pension rights. 24.(1) The Ministry shall by regulations make provision for excluding the right to a redundancy payment, or reducing the amount of any redundancy payment, in such cases as may be prescribed by the regulations, being cases in which an employee has (whether by virtue of any statutory provision or otherwise) a right or claim (whether legally enforceable or not) to a periodical payment or lump sum by way of pension, gratuity or superannuation allowance which is to be paid by reference to his employment by a particular employer and is to be paid, or to begin to be paid, at the time when he leaves that employment or within such period thereafter as may be prescribed by the regulations. (2) Provision shall be made by any such regulations for securing that the right to a redundancy payment shall not be excluded, and that the amount of a redundancy payment payment shall not be reduced, by reason of any right or claim to a periodical payment or lump sum, in so far as that payment or lump sum represents such compensation as is mentioned in section 53(1) and is payable under a statutory provision, whether made or passed before, on or after the appointed day. (3) In relation to any case where, under any provision contained in this Part, a tribunal determines that an employer is liable to pay part (but not the whole) of a redundancy payment, any reference in this section to a redundancy payment, or to the amount of a redundancy payment, shall be construed as a reference to that part of the redundancy payment, or to the amount of that part, as the case may be. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 25 Contracts of employment for a fixed term. 25.(1) Section 11 shall not apply to an employee who immediately before the relevant date is employed under a contract of employment for a fixed term of two years or more, if that contract was made before the appointed day (whether before or after the passing of this Act) and is not a contract of apprenticeship. (2) Without prejudice to subsection (1), an employee under a contract of employment for a fixed term of two years or more (including a contract of apprenticeship for such a term) shall not be entitled to a redundancy payment in respect of the expiry of that term without its being renewed, if before the term so expires he has agreed in writing to exclude any right to a redundancy payment in that event. (3) Such an agreement as is mentioned in subsection (2) may, in the case of a contract made after the passing of this Act, be contained either in the contract itself or in a separate agreement. (4) Where an agreement under subsection (2) is made during the currency of a fixed term, and that term is renewed, the agreement under that subsection shall not be construed as applying to the term as renewed, but without prejudice to the making of a further agreement under that subsection in relation to the term as renewed. (5) The provisions of this section shall have effect subject to section 30 in cases to which that section applies. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 26 Excluded classes of employees. 26.(1) Section 11 shall not apply to any person in respect of his employment as master or a member of the crew of a fishing vessel, if he is not remunerated in respect of that employment otherwise than by a share in the profits or gross earnings of the vessel. (2) Section 11 shall not apply where the employer is the husband or wife of the employee. (3) Without prejudice to any exemption or immunity of the Crown, section 11 shall not apply to any person in respect of any employment which (a)is remunerated out of the General Lighthouse Fund, or (b)is treated for the purposes of pensions and other superannuation benefits as service in the civil service of Northern Ireland or the civil service of the United Kingdom. (4) Without prejudice to any exemption or immunity of the Crown, section 11 shall not apply to any person in respect of his employment in any capacity under the Government of an overseas territory. (5) The Ministry may by order (a)provide that any enactment contained in this Part which is specified in the order shall not apply to persons or to employments of such classes as may be prescribed by the order, or shall apply to persons or employments of such classes as may be prescribed by the order subject to such exceptions and modifications as may be so prescribed; (b)vary or revoke any of the provisions of subsections (1) to (4). (6) Any order under subsection (5) may contain such transitional and other supplemental and incidental provisions as are appropriate. (7) An order shall not be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 27 Employment wholly or partly abroad. 27.(1) An employee shall not be entitled to a redundancy payment if on the relevant date he is outside Northern Ireland, unless under his contract of employment he ordinarily worked in Northern Ireland. (2) An employee who under his contract of employment ordinarily works outside Northern Ireland shall not be entitled to a redundancy payment unless on the relevant date he is in Northern Ireland in accordance with instructions given to him by his employer. [(3) Subject to the following provisions of this section, in computing, in relation to an employee, the period specified in section 18(1), or the period specified in paragraph 1 of Schedule 3, a week of employment before 6th April 1975 shall not count if (a)the employee was employed outside Northern Ireland during the whole or part of that week, and (b)no employer's contribution in respect of him was paid in respect of the corresponding contribution week, (4) For the purposes of the application of the last preceding subsection to a week of employment where the corresponding contribution week began before 5th October 1964, an employer's contribution shall be treated as payable as mentioned in that subsection if such a contribution would have been so payable if the statutory provisions relating to national insurance which were in force on 5th October 1964 had been in force in that contribution week. (4A) Subject to the following provisions of this section, in computing, in relation to an employee the period specified in section 18(1) or the period specified in paragraph 1 of Schedule 3, a week of employment after the 6th April 1975 and before the day appointed for the coming into force of paragraph 21 of Part II of Schedule 5 to the Industrial Relations (Northern Ireland) Order 1976 shall not count if (a) the employee was employed outside Northern Ireland during the whole or part of that week; and (b)he was not during that week an employed earner for the purposes of the Social Security (Northern Ireland) Act 1975. (4B) Subject to the following provisions of this section, in computing in relation to an employee, either of those periods, a week of employment after the day so appointed shall not count if (a)the employee was employed outside Northern Ireland during the whole or part of that week; and (b)he was not during that week an employed earner for the purposes of the Social Security (Northern Ireland) Act 1975 in respect of whom a secondary Class 1 contribution was payable under that Act (whether or not such a contribution was in fact paid). (5) Where by virtue of subsection (3), (4A) or (4B) a week of employment does not count in computing such a period as is mentioned in those subsections, the continuity of that period shall not be broken by reason only that that week of employment does not count in computing that period. (6) Any question arising under this section (a)whether an employer's contribution was paid, or was or would have been payable, as mentioned in subsection (3) or (4); or (b)whether a person was an employed earner for the purposes of the Social Security (Northern Ireland) Act 1975 and if so whether a secondary Class 1 contribution was payable in respect of him under that Act, (7) The provisions of this section shall have effect subject to section 30 in cases to which that section applies. (8) In this section "employer's contribution" has the same meaning as in the National Insurance Act (Northern Ireland) 1946, "week of employment" means a week ending with Saturday, and "corresponding contribution week", in relation to a week of employment, means a contribution week (within the meaning of the said Act of 1946) of which so much as falls within the period beginning with midnight between Sunday and Monday and ending with Saturday also falls within that week of employment. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 28 Written particulars of redundancy payment. 28.(1) On making any redundancy payment, otherwise than in pursuance of a decision of a tribunal which specifies the amount of the payment to be made, the employer shall give to the employee a written statement indicating how the amount of the payment has been calculated. (2) Any employer who without reasonable excuse fails to comply with subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding #20. (3) If an employer fails to comply with the requirements of subsection (1) then (without prejudice to any proceedings for an offence under subsection (2)) the employee may by notice in writing to the employer require him to give to the employee a written statement complying with those requirements within such period (not being less than one week beginning with and including the day on which the notice is given) as may be specified in the notice; and if the employer without reasonable excuse fails to comply with the notice he shall be guilty of an offence under this subsection and liable on summary conviction (a)if it is his first conviction of an offence under this subsection, to a fine not exceeding #20, or (b)in any other case, to a fine not exceeding #100. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 29 Domestic servants. 29.(1) For the purposes of the application of the provisions of this Part to an employee who is employed as a domestic servant in a private household those provisions (except section 23) shall apply as if the household were a business and the maintenance of the household were the carrying on of that business by the employer. (2) Without prejudice to section 26(2), section 11 shall not apply to any person in respect of employment as a domestic servant in a private household, where the employer is the father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister of the employee. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 30 Mariners other than share fishermen. 30.(1) Section 27 shall not apply if the employee is a mariner to whom this section applies. (2) Section 25 shall not apply to a contract of employment, whether made before or after the passing of this Act, if the employee is a mariner to whom this section applies. (3) Any reference in this section to a mariner to whom this section applies is a reference to a person who is employed as a master, seaman or apprentice in a British ship and is ordinarily resident in Northern Ireland. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 31 Claims for redundancy payments. 31.[(1)] Notwithstanding anything in the preceding provisions of this Part, an employee shall not be entitled to a redundancy payment unless, before the end of the period of six months beginning with the relevant date, (a)the payment has been agreed and paid, or (b)the employee has made a claim for the payment by notice in writing given to the employer, or (c)a question as to the right of the employee to the payment, or as to the amount of the payment, has been referred to a tribunal in accordance with regulations made under [Article 59 of the Industrial Relations (Northern Ireland) Order 1976; or (d)a complaint relating to his dismissal has been presented by the employee under Article 29 of the Industrial Relations (Northern Ireland) Order 1976. (2) An employee shall not by virtue of the preceding subsection lose his right to a redundancy payment if, during the period of six months immediately following the period mentioned in that subsection, the employee (a)makes such a claim as is referred to in paragraph (b) of that subsection, (b)refers to a tribunal such a question as is referred to in paragraph (c) of that subsection, or (c)makes such a complaint as is referred to in paragraph (d) of that subsection, Implied or constructive termination of contract. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 32 32.(1) Where in accordance with any enactment or rule of law (a)any act on the part of an employer, or (b)any event affecting an employer (including, in the case of an individual, his death), [(2) Where the preceding subsection applies, and the employee's contract of employment is not renewed, and he is not re-engaged under a new contract of employment, so as to be treated, by virtue of section 13(3), as not having been dismissed, he shall, without prejudice to section 13(8) be taken for the purposes of this Act to be dismissed by reason of redundancy if the circumstances in which his contract is not so renewed and he is not so re-engaged are wholly or mainly attributable to one or other of the facts specified in paragraphs (a) and (b) of section 11(2).] (3) For the purposes of subsection (2), section 11(2)(a), in so far as it relates to the employer ceasing or intending to cease to carry on the business, shall be construed as if the reference to the employer included a reference to any person to whom, in consequence of the act or event in question, power to dispose of the business has passed. [(4) In this section any reference to section 13(3) includes a reference to the said section 13(3) as applied by section 23(2) or as so applied and, where appropriate, modified by section 23A(2), and where section 13(3) applies with modifications in accordance with the said section 23A(2) the references in subsection (2) to renewal or re-engagement under a contract of employment shall be construed as including references to renewal of or re-engagement in employment otherwise than under a contract of employment.] CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 33 Death of employer or of employee. 33. The provisions of Part I of Schedule 5 shall have effect in relation to the death of an employer; and the provisions of Part II of that Schedule shall have effect in relation to the death of an employee. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 34 Modification of right to redundancy payment where previous redundancy payment has been paid. 34.(1) The provisions of this section shall have effect where (a)a redundancy payment is paid to an employee, whether in respect of dismissal or in respect of lay-off or short-time; (b)the contract of employment under which he was employed (in this section referred to as "the previous contract") is renewed, whether by the same or another employer, or he is re-engaged under a new contract of employment, whether by the same or another employer; and (c)the circumstances of the renewal or re-engagement are such that, in determining for the purposes of section 11(1) or Schedule 3 whether at any subsequent time he has been continuously employed for the requisite period, or for what period he has been continuously employed, the continuity of his period of employment would, apart from this section, be treated as not having been broken by the termination of the previous contract and the renewal or re-engagement. (2) Where the conditions mentioned in subsection (1) are fulfilled, then in determining, for the purposes of section 11(1) or Schedule 3, whether at any subsequent time he has been continuously employed for the requisite period, or for what period he has been continuously employed, the continuity of the period of employment shall be treated as having been broken at the date which was the relevant date in relation to the redundancy payment mentioned in subsection (1)(a), and accordingly no account shall be taken of any time before that date. (3) For the purposes of this section a redundancy payment shall be treated as having been paid if (a)the whole of the payment has been paid to the employee by the employer, or, in a case where a tribunal has determined that the employer is liable to pay part (but not the whole) of the redundancy payment, that part of the redundancy payment has been paid in full to the employee by the employer, or (b)the Ministry has paid a sum to the employee in respect of the redundancy payment under section 42.[ CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 34A Modification of right to redundancy payment where payment equivalent to redundancy payment has previously been paid. 34A.(1) The provisions of this section shall have effect where (a)a payment has been made, whether in respect of the termination of any person's employment or in respect of lay-off or short-time, (i)in accordance with any provisions of a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972; or (ii)in accordance with any such arrangements as are mentioned in section 48(3); (b)he commences new, or renewed, employment; and (c)the circumstances of that commencement of the new, or renewed, employment are such that, in determining for the purposes of section 11(1) or Schedule 3 whether at any subsequent time he has been continuously employed for the requisite period, or for what period he has been continuously employed, the continuity of his period of employment would, apart from this section, be treated as not having been broken by the termination of the previous employment and the commencement of the new, or renewed, employment. (2) Where the conditions mentioned in the preceding subsection are fulfilled, then in determining, for the purposes of section 11(1) or Schedule 3 whether at any subsequent time he has been continuously employed for the requisite period, or for what period he has been continuously employed, the continuity of the period of employment shall be treated as having been broken (a)in so far as the employment was under a contract of employment, at the date which was the relevant date in relation to the payment mentioned in paragraph (a) of the preceding subsection; or (b)in so far as the employment was otherwise than under a contract of employment, at the date which would have been the relevant date in relation to that payment had the employment been under a contract of employment, 1972 NI 10 CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 35 35.(1) In this Part "business" includes a trade or profession and includes any activity carried on by a body of persons, whether corporate or unincorporate. (2) In this Part any reference to "the relevant date" shall be construed in accordance with section 13(9) and (10)], section 14(2) or section 16(2), as the case may require. (3) In this Part "cease" means cease either permanently or temporarily and from whatsoever cause, and "diminish" has a corresponding meaning. (4) Subject to subsection (5), any provision in any agreement (whether a contract of employment or not) shall be void in so far as it purports to exclude or limit the operation of any enactment contained in this Part. (5) Subsection (4) shall not apply to (a)any provision in an agreement such as is mentioned in section 21(1) if the provision is not to have effect unless an order is made under that section in respect of the agreement, or (b)any provision contained in an agreement in accordance with section 25. Interpretation of Part II, and supplementary provisions. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 36 36.(1) For the purposes of this Act there shall be established, under the control and management of the Ministry, a fund to be called "the Northern Ireland Redundancy Fund" (in this Part referred to as "the fund"), [into which there shall be paid all sums received by the Ministry under this Part, and] out of which payments shall be made in accordance with the following provisions of this Act. (2) The Ministry shall prepare accounts of the fund in such form, in such manner and at such times as the Ministry of Finance may direct, and shall send them to the Comptroller and Auditor-General; and the Comptroller and Auditor-General shall examine and certify the accounts and shall lay copies thereof, together with his report thereon, before Parliament. (3) Any moneys forming part of the fund may from time to time be paid over to the Ministry of Finance and by that Ministry invested in any [such manner as may be specified by an order of the Treasury for the time being in force under section 22(1) of the National Savings Bank Act 1971]. (4) The Ministry of Finance shall certify a statement of the securities in which moneys forming part of the fund are for the time being invested, and that statement so certified shall be included with the accounts of the fund laid before Parliament under subsection (2). S.37 rep. by 1973 c.38 s.100(2)(b) sch.28 Pt.II CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 38 1971 c.29 38.[(1) Subject to the provisions of this section, all the provisions of the National Insurance Acts shall have effect (for the purposes of those Acts as well as for the purposes of this Act) in relation to a person who is liable as an employer to pay a redundancy fund contribution in respect of a person for a contribution week, (a)as if that contribution and the contribution payable by him for that week in respect of that person under section 2(2) of the Act of 1946 together constituted one combined contribution payable by him under that Act in respect of that person for that week, and (b)as if the whole of the combined contribution in question were payable into the Northern Ireland National Insurance Fund; (2) Except in so far as may be otherwise provided by any Order in Council or regulations made under the National Insurance Acts after the passing of this Act, subsection (1) shall apply in relation to Orders in Council and regulations made, whether before or after the passing of this Act, under any provisions of those Acts to which that subsection applies, as it applies in relation to those provisions. (3) There shall be excluded from the provisions of the National Insurance Acts which are to have effect as mentioned in subsection (1) the following provisions, namely, (a)section 2(3) of the Act of 1946 (which relates to Exchequer supplements to contributions); (b)section 34 of the Act of 1946 (which provides that contributions shall be paid into the Northern Ireland National Insurance Fund); and (c)section 6(3) of the National Insurance Act (Northern Ireland) 1959 (which relates to payments in lieu of contributions).] Subs.(4)(5) rep. by 1973 c.38 s.100(2)(b) sch.28 Pt.II [(6) Notwithstanding anything in the preceding provisions of this section, where a person has paid in error (a)contributions under the National Insurance Acts, and (b)redundancy fund contributions, Subs.(7) rep. by 1973 c.38 s.100(2)(b) sch.28 Pt.II[ CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 39 1959 c.21 39.(1) The Ministry shall, out of the moneys received by it on account of redundancy fund contributions, retain such sums as the Ministry of Finance may from time to time determine in respect of any expenses incurred by the Ministry or any other government department which are attributable to the collection and application of those contributions; and all sums so retained shall be paid into the Exchequer. (2) In estimating the expenses referred to in subsection (1), there shall be included any amounts in respect of the use of premises belonging to the Crown or in respect of the accruing liability for pension benefits which, under section 37(2) of the Act of 1946 or under section 12 of the Family Allowances and National Insurance and Assistance Act (Northern Ireland) 1962, fall to be included in estimating, for the purposes of the said section 37(2), the expenses of government departments in carrying the National Insurance Acts into effect, in so far as those amounts are determined by the Ministry of Finance to be attributable to the collection and application of redundancy fund contributions. (3) Any expenses, or amounts included in estimating expenses, in so far as, for the purposes of subsection (1), they are treated as attributable to the collection and application of redundancy fund contributions, shall be left out of account under section 37 of the Act of 1946 or, as the case may be, section 12 of the Family Allowances and National Insurance and Assistance Act (Northern Ireland) 1962. (4) The Ministry shall estimate, in such manner as the Ministry of Finance may direct, the sums that represent the redundancy fund contributions received by the Ministry under section 37(1), and, subject to the deduction of the sums retained by the Ministry under subsection (1), the sums so estimated shall be paid, at such times as the Ministry of Finance may direct, into the fund. (5) In this section references to the application of redundancy fund contributions do not include the payment of any sums out of the fund. (6) In this section "government department" includes a department of Her Majesty's Government of the United Kingdom.] CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 40 1962 c.9 40.(1) Subject to the provisions of this section, the Ministry shall make a payment (in this Part referred to as a "rebate") out of the fund to any employer who (a)is liable under Part II to pay, and has paid, a redundancy payment to an employee, or (b)under an agreement in respect of which an order is in force under section 21, is liable to make, and has made, a payment to an employee on the termination of his contract of employment, or (c)by virtue of any award made by the Industrial Court as mentioned in section 22(2), in relation to an agreement in respect of which such an order is in force, is liable to make, and has made, a payment to an employee on the termination of his contract of employment. (2) No rebate shall be payable by virtue of this section in a case falling within paragraph (b) or paragraph (c) of subsection (1) if the employee's right to the payment referred to in that paragraph arises by virtue of a period of employment (computed in accordance with the provisions of the agreement in question) which is less than one hundred and four weeks. [(2A) The Department may if it thinks fit pay a rebate to an employer who has paid an employee a redundancy payment in circumstances in which, owing to section 31, the employee had no right to, and the employer had no liability for, the payment, if the Department is satisfied that it would be just and equitable to do so having regard to all the relevant circumstances.] (3) The amount of any rebate shall (subject to subsection (6)) be calculated in accordance with Schedule 6. (4) The Ministry shall make provision by regulations as to the making of claims for rebates; and any such regulations may in particular (a)require any claim for a rebate to be made at or before a time prescribed by the regulations; (b)in such cases as may be so prescribed, require prior notice that such a claim may arise to be given at or before a time so prescribed, so however that, where the claim would relate to an employer's payment in respect of dismissal, the regulations shall not require the notice to be given more than four weeks before the date on which the termination of the contract of employment takes effect; and (c)for the purpose of determining the right of any person to, and the amount of, any rebate, require a person, at any time when he makes a claim or gives prior notice as mentioned in paragraph (a) or paragraph (b), to provide such evidence and such other information, and to produce for examination on behalf of the Ministry documents in his custody or under his control of such descriptions, as may be determined in accordance with the regulations. (5) In relation to any case where, under any provision contained in Part II, a tribunal determines that an employer is liable to pay part (but not the whole) of a redundancy payment, the reference in subsection (1)(a) to a redundancy payment shall be construed as a reference to that part of the redundancy payment. (6) If any employer who, in accordance with subsection (1), would be entitled to a rebate fails to give prior notice as required by any such regulations in accordance with subsection (4)(b), and it appears to the Ministry that he has so failed without reasonable excuse, the Ministry (subject to section 44) may reduce the amount of the rebate by such proportion (not exceeding one-tenth) as appears to the Ministry to be appropriate in the circumstances. (7) Any person who (a)in providing any information required by regulations under this section, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular, or (b)produces for examination in accordance with any such regulations a document which to his knowledge has been wilfully falsified, (8) A person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding #100 or to imprisonment for a term not exceeding three months or both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 41 Rebates to employers in respect of redundancy payments and equivalent payments. 41.(1) The Ministry may make payments out of the fund to employers ... in respect of employees to whom this section applies. (2) This section applies to employees to whom, by virtue of any provisions of section 26, other than subsections (2) and (3) of that section, section 11 does not apply. (3) The Ministry may determine the classes of employees to whom this section applies in respect of whom payments are to be made by virtue of this section, and, with the approval of the Ministry of Finance, may determine the amounts of the payments which may be so made in respect of any class of such employees. (4) The payments made to an employer by virtue of this section shall not, in respect of any period, exceed the amount appearing to the Ministry to be [equal to [the amount paid into the Northern Ireland Redundancy Fund from the appropriate employment protection allocation] (under [section 128] of [the Social Security (Northern Ireland) Act 1975]) from all secondary Class 1 contributions paid by that employer under Part I of [the Social Security (Northern Ireland) Act 1975]] in respect of employees to whom this section applies. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 42 1975 c.15 42.(1) Where an employee claims that his employer is liable to pay to him an employer's payment, and either (a)that the employee has taken all reasonable steps (other than legal proceedings) to recover the payment from the employer and that the employer has refused or failed to pay it, or has paid part of it and has refused or failed to pay the balance, or (b)that the employer is insolvent and that the whole or part of the payment remains unpaid, (2) If on an application under this section the Ministry is satisfied (a)that the employee is entitled to the employer's payment; (b)that either the condition specified in subsection (1)(a) or the condition specified in subsection (1)(b) is fulfilled; and (c)that, in a case where the employer's payment is such a payment as is mentioned in paragraph (b) or paragraph (c) of section 40(1), the employee's right to the payment arises by virtue of a period of employment (computed in accordance with the provisions of the agreement in question) which is not less than one hundred and four weeks, (3) Where the Ministry pays a sum to an employee in respect of an employer's payment, (a)all rights and remedies of the employee with respect to the employer's payment, or (if the Ministry has paid only part of it) all his rights and remedies with respect to that part of the employer's payment, shall be transferred to and vest in the Ministry; and (b)any decision of a tribunal requiring the employer's payment to be paid to the employee shall have effect as if it required that payment, or, as the case may be, that part of it which the Ministry has paid, to be paid to the Ministry; (4) Where the Ministry pays a sum under this section in respect of an employer's payment, then (subject to the following provisions of this subsection) section 40 shall apply as if that sum had been paid by the employer to the employee on account of that payment; but if, in a case falling within paragraph (a) of subsection (1), it appears to the Ministry that the refusal or failure of the employer to pay the employer's payment, or part of it, as the case may be, was without reasonable excuse, the Ministry (subject to section 44) may withhold any rebate to which the employer would otherwise be entitled in respect of the employer's payment, or may reduce the amount of any such rebate to such extent as the Ministry considers appropriate. (5) For the purposes of this section an employer shall be taken to be insolvent if (a)he has become bankrupt or has made a composition or arrangement with his creditors; (b)he has died and an order has been made under section 21 of the Bankruptcy Amendment Act (Northern Ireland) 1929 for the administration of his estate according to the law of bankruptcy, or by virtue of an order of the court his estate is being administered in accordance with the rules set out in Part I of Schedule 1 to the Administration of Estates Act (Northern Ireland) 1955; or (c)where the employer is a company, a winding-up order has been made with respect to it or a resolution for voluntary winding-up has been passed with respect to it, or a receiver or manager of its undertaking has been duly appointed, or possession has been taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company comprised in or subject to the charge. (6) In this section "legal proceedings" does not include any proceedings before a tribunal, but includes any proceedings to enforce a decision or award of a tribunal. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 43 1955 c.24 43.(1) Where an employee makes an application to the Ministry under section 42, the Ministry may, by notice in writing given to the employer, require the employer to provide the Ministry with such information, and to produce for examination on behalf of the Ministry documents in his custody or under his control of such descriptions, as the Ministry may reasonably require for the purpose of determining whether the application is well-founded. (2) If any person on whom a notice is served under this section fails without reasonable excuse to comply with a requirement imposed by the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding #100. (3) Any person who (a)in providing any information required by a notice under this section, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular, or (b)produces for examination in accordance with any such notice a document which to his knowledge has been wilfully falsified, (4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding #100 or to imprisonment for a term not exceeding three months or both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 44 Supplementary provisions as to applications under s.42. 44.(1) Subsections (2) and (3) shall have effect where (a)a claim is made for a rebate on the grounds that an employer is liable to pay, and has paid, an employer's payment, or prior notice that such a claim may arise is given in accordance with regulations made under section 40(4)(b), or (b)an application is made to the Ministry for a payment under section 42, where it is claimed that an employer is liable to pay an employer's payment. (2) Where any such claim or application is made or such prior notice is given, there shall be referred to a tribunal, in accordance with regulations made under Part IV, (a)any question as to the liability of the employer to pay the employer's payment; (b)in a case falling within paragraph (a) of subsection (1), any question as to the amount of the rebate payable in accordance with Schedule 6; (c)in a case falling within paragraph (b) of subsection (1), any question as to the amount of the sum payable in accordance with Schedule 7; (3) Section 19(2) shall apply for the purposes of any reference under the preceding provisions of this section as it applies for the purposes of references under Part II. [(3A) Where, in any case to which section 40(2A) applies, the Department refuses to pay a rebate, the employer may appeal to a tribunal; and if on any such appeal the tribunal is satisfied that it is just and equitable having regard to all the relevant circumstances that a rebate should be paid, the tribunal shall determine accordingly, and the Department shall comply with any such determination of a tribunal.] (4) In any case where the Ministry withholds, or reduces the amount of, a rebate in pursuance of section 40(6) or section 42(4), the employer may appeal to a tribunal; and if on any such appeal the tribunal is satisfied (a)in a case where the rebate was withheld, that it should be paid in full, or should be reduced instead of being withheld, or (b)in a case where the rebate was reduced, that it should not be reduced, or should be reduced by a smaller or larger proportion than that which the Ministry has applied, References and appeals to tribunals relating to payments out of fund. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 45 45.(1) Subject to the following provisions of this section, the Ministry of Finance may from time to time advance out of the Consolidated Fund to the Ministry, for the purposes of the fund, such sums as the Ministry may request; and any sums advanced to the Ministry under this section shall be paid into the fund. (2) The aggregate amount outstanding by way of principal in respect of sums advanced to the Ministry under this section shall not at any time exceed [two million pounds]. (3) The Ministry of Finance may, for the purpose of providing any sums to be advanced under this section out of the Consolidated Fund or any part of such sums, or of providing for the replacement of sums so advanced, borrow money. (4) Any sums advanced to the Ministry under this section shall be repaid by the Ministry out of the fund into the Exchequer in such manner and at such times, and with interest thereon at such rate, as the Ministry of Finance may direct. Subs.(5) rep. by 1976 NI 21 art.18 sch.3 CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 46 Advances out of Consolidated Fund. 46. Subs.(1)(3) rep. by 1973 c.38 s.100(2)(b) sch.28 Pt.II (4) In this Part "employer's payment" means any payment falling within paragraph (a), paragraph (b) or paragraph (c) of section 40(1). Meaning of employer's payment. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 47 47.(1) The provisions of this section shall have effect where, after an employer has given notice to an employee to terminate his contract of employment (in this section referred to as a "notice of termination"), (a)the employee begins to take part in a strike of employees of the employer, and (b)the employer serves on him a notice in writing (in this section referred to as a "notice of extension") requesting him to agree to extend the contract of employment beyond the time of expiry by an additional period comprising as many available days as the number of working days lost by striking (in this section referred to as "the proposed period of extension"). (2) A notice of extension shall indicate the reasons for which the employer makes the request contained in the notice, and shall state that unless either (a)the employee complies with the request, or (b)the employer is satisfied that, in consequence of sickness, injury or otherwise, he is unable to comply with it, or that (notwithstanding that he is able to comply with it) in the circumstances it is reasonable for him not to do so, (3) For the purposes of this section an employee shall be taken to comply with the request contained in a notice of extension if, but only if, on each available day within the proposed period of extension, he attends at his proper or usual place of work and is ready and willing to work, whether he has signified his agreement to the request in any other way or not. (4) Where an employee on whom a notice of extension has been served (a)complies with the request contained in the notice, or (b)does not comply with it, but attends at his proper or usual place of work and is ready and willing to work on one or more (but not all) of the available days within the proposed period of extension, (5) Subject to subsection (6), if an employee on whom a notice of extension is served in pursuance of subsection (1) does not comply with the request contained in the notice, he shall not be entitled to a redundancy payment by reason of the dismissal effected by the notice of termination, unless the employer agrees to pay such a payment to him notwithstanding that the request has not been complied with. (6) Where a notice of extension has been served, and on a reference to a tribunal it appears to the tribunal that the employee has not complied with the request contained in the notice and the employer has not agreed to pay a redundancy payment in respect of the dismissal in question, but that the employee was unable to comply with the request, or it was reasonable for him not to comply with it, as mentioned in subsection (2)(b), the tribunal may determine that the employer shall be liable to pay to the employee (a)the whole of any redundancy payment to which the employee would have been entitled apart from subsection (5), or (b)such part of any such redundancy payment as the tribunal thinks fit. (7) The service of a notice of extension, and any extension, by virtue of subsection (4), of the period specified in a notice of termination, (a)shall not affect any right either of the employer or of the employee to terminate the contract of employment (whether before, at or after the time of expiry) by a further notice or without notice, and (b)shall not affect the operation of Part II in relation to any such termination of the contract of employment. (8) In this section any reference to the number of working days lost by striking is a reference to the number of working days in the period beginning with the date of service of the notice of termination and ending with the time of expiry which are days on which the employee in question takes part in a strike of employees of the employer. (9) In this section "time of expiry", in relation to a notice of termination, means the time at which the notice would expire apart from this section, "working day", in relation to an employee, means a day on which, in accordance with his contract of employment, he is normally required to work, "available day", in relation to an employee, means a working day beginning at or after the time of expiry which is a day on which he is not taking part in a strike of employees of the employer, and "available day within the proposed period of extension" means an available day which begins before the end of that period. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 48 Strike during currency of employer's notice to terminate contract. 48.(1) The provisions of this section shall have effect with respect to employment of either of the folowing descriptions, that is to say, employment which (a)is employment in a public office for the purposes of [section 38 of the Superannuation Act 1965 or section 38 of the Superannuation Act (Northern Ireland) 1967]; or (b)is employment such as is mentioned in section 26(3)(b); (2) Where the Ministry is satisfied that a payment has been, or will be, made in respect of the termination of any person's employment of any description specified in subsection (1), and that the payment has been, or will be, so made to or in respect of him (a)in accordance with any provision of the Superannuation Acts, or [(aa)in accordance with any provision of a scheme made under section 1 of the Superannuation Act 1972 or Article 3 of the Superannuation (Northern Ireland) Order 1972, or] (b)in accordance with any such arrangements as are mentioned in subsection (3), (3) The arrangements referred to in subsection (2)(b) are (a)any arrangements made with the approval of the Ministry of Finance for securing that payments by way of compensation for loss of any such employment as is mentioned in subsection (1) will be made (i)in circumstances which in the opinion of the Ministry of Finance correspond (subject to the appropriate modifications) to those in which a right to a redundancy payment would have accrued if section 11 had applied, and (ii)on a scale which in the opinion of the Ministry of Finance, taking into account any sums which are payable in accordance with [a scheme made under Article 3 of the Superannuation (Northern Ireland) Order 1972 or] the Superannuation Acts to or in respect of the person losing the employment in question, corresponds (subject to the appropriate modifications) to that on which a redundancy payment would have been payable if section 11 had applied; or (b)any arrangements such as are referred to in any provision of the United Kingdom Act corresponding to paragraph (a). (4) For the purposes of subsection (2) the appropriate sum is the sum appearing to the Ministry to be equal to the amount of the rebate which would have been payable under Part III if such a right as is mentioned in sub-paragraph (i) of subsection (3)(a) had accrued, and such a redundancy payment as is mentioned in sub-paragraph (ii) of subsection (3)(a) had been payable and had been paid. (5) Any accounts prepared by the Ministry under section 36(2) shall show as a separate item the aggregate amount of sums paid under subsection (2) during the period to which the accounts relate. (6) In this section "the Superannuation Acts" means the Superannuation Acts (Northern Ireland) [1967 and 1969], or, as the case may require, the Superannuation Acts [1965 and 1967]; "the appropriate fund or authority" (a)in relation to employment in any capacity remunerated out of money provided by Parliament or the Consolidated Fund, means the Exchequer; and (b)in relation to employment in any other capacity means the fund out of which, or the body out of whose revenues, the employment is remunerated, or such other fund, body or person as the Ministry of Finance may direct. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 49 1972 NI 10 49.(1) This section applies to any such payment as is mentioned in subsection (3) of section 48 which is payable in accordance with any such arrangements as are mentioned in that subsection. (2) Where the terms and conditions (whether constituting a contract of employment or not) on which any person is employed in any such employment as is mentioned in section 48(1) include provision (a)for the making of any payment to which this section applies, and (b)for referring to a tribunal any such question as is mentioned in the following provisions of this subsection, References to tribunal as to payments to certain employees. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 50 50.(1) Where the Ministry is satisfied that, in accordance with any such arrangements as are mentioned in subsection (2), a payment has been, or will be, made in respect of the termination of a person's employment in any capacity under the Government of an overseas territory (in this section referred to as "the relevant Government"), and that [in respect of the whole or part of the period during which that person was in that employment, employers' contributions were paid in respect of him], the Ministry shall pay the appropriate sum out of the Northern Ireland Redundancy Fund to such fund or authority as may be designated in that behalf by the relevant Government. [(1A) The reference in subsection (1) to employers' contributions is (a)as respects any period before [6th April 1975], to employers' contributions within the meaning of the National Insurance Act (Northern Ireland) 1966, and (b)as respects any period beginning on or after that days to secondary Class 1 contributions paid in respect of the person in question by persons who were in relation to him secondary Class 1 contributors by virtue of [section 4(4)(a) of the Social Security (Northern Ireland) Act 1975.]] (2) The arrangements referred to in subsection (1) are any arrangements made by or on behalf of the relevant Government for securing that payments by way of compensation for loss of employment in the capacity in question will be made (a)in circumstances which in the opinion of the Ministry correspond (subject to the appropriate modifications) to those in which a right to a redundancy payment would have accrued if section 11 had applied, and (b)on a scale which in the opinion of the Ministry corresponds (subject to the appropriate modifications) to that on which a redundancy payment would have been payable if that section had applied. (3) For the purposes of subsection (1) the appropriate sum (subject to subsection (4)) is the sum appearing to the Ministry to be equal to the amount of the rebate which would have been payable under Part III if such a right as is mentioned in paragraph (a) of subsection (2) had accrued, and such a redundancy payment as is mentioned in paragraph (b) of subsection (2) had been payable and had been paid. (4) Where it appears to the Ministry that [ the conditions of subsection (1) relating to the payment of employers' contributions were satisfied] in respect of part (but not the whole) of the period of employment in question, the rebate which would have been payable as mentioned in subsection (3) shall be calculated as if the employment had been limited to that part of the period. (5) Any accounts prepared by the Ministry under section 36(2) shall show as a separate item the aggregate amount of sums paid under subsection (1) during the period to which the accounts relate. (6) In this Act "overseas territory" means any territory or country outside the United Kingdom; and any reference to the Government of an overseas territory includes a reference to a Government constituted for two or more overseas territories and to any authority established for the purpose of providing or administering services which are common to, or relate to matters of common interest to, two or more such territories. S.51 amends s.13 of 1964 c.18 (NI) CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 52 1975 c.15 52. Subs.(1)(4) rep. by 1976 NI 16 art.82(3) sch.7; subs.(5) amends s.13 of 1964 c.18 (NI) (6) Any sum recovered by the Ministry in pursuance of any such award as is mentioned in subsection (2)(g), where the award was made in proceedings in pursuance of a reference or appeal under Part II or Part III or section 47 or section 49, shall be paid into the Northern Ireland Redundancy Fund. (7) In subsection (1) of section 13 of the Industrial Training Act (Northern Ireland) 1964, the words from "and such regulations" to the end of the subsection shall cease to have effect; but, in so far as any regulations made under that section before the passing of this Act contain any such provision as is referred to in paragraph (a) or paragraph (b) of that subsection, those regulations shall have effect as if made under this section, and may be varied or revoked accordingly. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 53 1964 c.18 53.(1) This section applies to any statutory provision (not contained in this Act) which is in force immediately before the appointed day, whereby the holders of such situations, places or employments as are specified in that provision are, or may become, entitled to compensation for loss of employment, or for loss or diminution of emoluments or of pension rights, in consequence of the operation of any other statutory provision referred to therein. (2) The Ministry may make provision by regulations for securing that where apart from this section a person is entitled to compensation under a statutory provision to which this section applies, and the circumstances are such that he is also entitled to a redundancy payment, the amount of the redundancy payment shall be set off against the compensation to which he would be entitled apart from this section; and any statutory provision to which any such regulations apply shall have effect subject to the regulations.[ CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 54 Statutory compensation schemes. 54.(1) Any reference in Part II to re-engagement by the employer shall be construed as a reference to re-engagement by the employer or by any associated employer, and any reference in that Part to an offer made by the employer shall be construed as including a reference to an offer made by an associated employer. (2) The preceding subsection shall not affect the operation of section 23 in a case where the previous owner and the new owner (as defined by that section) are associated employers; and where that section applies the preceding subsection shall not apply. (3) Where an employee is dismissed by his employer and (a)neither of the conditions specified in paragraphs (a) and (b) of section 11(2) is fulfilled, but (b)one or other of those conditions would be fulfilled if the business of the employer together with the business or businesses of his associated employers were treated as one business, (4) For the purposes of this section any two employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control, or if both are companies of which a third person (directly or indirectly) has control; and the expression "associated employer" shall be construed accordingly.] CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 55 Associated employers. 55.(1) This section applies to employment of any description which (a)is not employment under a contract of service or of apprenticeship, and (b)is not employment of any description specified in section 48(1), (2) The Ministry may by regulations under this section provide that, subject to such exceptions and modifications as may be prescribed by the regulations, the provisions of Parts II and III and this Part shall have effect in relation to any such employment of a description to which this section applies as may be so prescribed as if (a)it were employment within the meaning of subsection (3) of section 63, and (b)any person engaged in employment of that description were an employee within the meaning of that subsection, and (c)such person as may be determined by or under the regulations were his employer within the meaning of that subsection. (3) Without prejudice to the generality of subsection (2), regulations made under this section may provide that section 41 shall apply to persons engaged in any such employment of a description to which this section applies as may be prescribed by the regulations, as if those persons were employees within the meaning of that section. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 56 1975 c.15 56.(1) The Ministry may by regulations under this section provide that, subject to such exceptions and modifications as may be prescribed by the regulations, the provisions of Parts II and III and this Part shall have effect in relation to any person who, by virtue of any statutory provisions, (a)is transferred to, and becomes a member of, a body specified in those provisions, but (b)at a time so specified ceases to be a member of that body unless before that time certain conditions so specified have been fulfilled, (2) The power conferred by subsection (1) shall be exercisable whether membership of the body in question constitutes employment within the meaning of section 63(3) or not; and, where that membership does not constitute such employment, that power may be exercised in addition to any power exercisable by virtue of section 55. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 57 Provision for treating termination of certain employments by statute as equivalent to dismissal. 57.(1) This section applies to any employee whose remuneration is, by virtue of any statutory provision, payable to him by a person (except a government department) other than his employer. (2) For the purposes of the operation, in relation to employees to whom this section applies, of the provisions of this Act specified in column 1 of Schedule 8, any reference to the employer which is specified in column 2 of that Schedule shall be construed as a reference to the person responsible for paying the remuneration. (3) In relation to employees to whom this section applies, section 58 shall have effect as if (a)any reference in subsection (1) of that section to a notice required or authorised to be given to an employer included a reference to a notice which, by virtue of subsection (2), is required or authorised to be given to the person responsible for paying the remuneration; (b)in relation to a notice required or authorised to be given to that person, any reference to the employer in paragraph (a) or paragraph (b) of subsection (1) of that section were a reference to that person; and (c)the reference to the employer in subsection (5) of that section included a reference to that person. (4) In this section and in Schedule 8 "employer" and "employee" have the same meanings as in section 63(3), and "the person responsible for paying the remuneration" means the person by whom the remuneration is payable as mentioned in subsection (1). CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 58 Employees paid by person other than employer. 58.(1) Any notice which under this Act is required or authorised to be given by an employee to an employer may be given either by the employee himself or by a person authorised by him to act on his behalf, and, whether given by or on behalf of the employee, (a)may be given by being delivered to the employer, or sent by post addressed to him at the place where the employee is or was employed by him, or (b)if arrangements in that behalf have been made by the employer, may be given by being delivered to a person designated by the employer in pursuance of the arrangements, or left for such a person at a place so designated, or sent by post to such a person at an address so designated. (2) Any reference in this Act to the giving of a notice, and any reference in subsection (1) to the delivery of a notice, shall, in relation to a notice which is not required by this Act to be in writing, be construed as including a reference to the oral communication of the notice. (3) For the purposes of this Act, section 24(1) of the Interpretation Act (Northern Ireland) 1954 (which provides that the service of a document authorised or required to be sent by post may be effected by sending the document by registered post) shall have effect as if the word "registering" were omitted therefrom. (4) Any notice which, in accordance with any provision of section 24 of the Interpretation Act (Northern Ireland) 1954 or of this section, is left for a person at a place referred to in that provision shall, unless the contrary is proved, be presumed to have been received by him on the day on which it was left there. (5) Nothing in subsection (1) shall be construed as affecting the capacity of an employer to act by a servant or agent for the purposes of any provision of this Act, including that subsection. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 59 1954 c.33 59. Regulations made under this Act shall be subject to negative resolution. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 60 Regulations. 60.(1) Except as provided by the following provisions of this section, all expenses incurred in consequence of this Act by any government department (including expenses incurred, otherwise than in paying redundancy fund contributions, by a department of Her Majesty's Government of the United Kingdom), and any increase attributable to this Act in the sums payable out of moneys provided by Parliament under any other enactment, shall be defrayed out of moneys provided by Parliament. (2) The expenses to be so defrayed shall include (a)any expenses incurred by any government department which are attributable to any such arrangements as are mentioned in section 48(3)(a), and (b)any increase attributable to any such arrangements in the sums payable out of moneys provided by Parliament under any other enactment. (3) The expenses to be so defrayed shall not include any sums payable out of the Consolidated Fund under section 45. (4) There shall be paid out of the Northern Ireland Redundancy Fund into the Exchequer sums equal to the amount of any expenses incurred by the Ministry in consequence of Parts II and III and this Part, other than (a)fees and allowances payable under section 13(3) of the Industrial Training Act (Northern Ireland) 1964, which are not so payable in respect of proceedings in pursuance of references or appeals under Part II or Part III or section 47 or section 49; Para.(b) rep. by 1973 c.38 s.100(2)(b) sch.28 Pt.II; para.(c) rep. by 1976 NI 16 art.82(3) sch.7 (d)any expenses incurred by the Ministry in the payment of sums in accordance with any such arrangements as are mentioned in section 48(3)(a). (5) There shall be paid out of the Northern Ireland Redundancy Fund into the Exchequer such sums as the Ministry may estimate in accordance with directions given by the Ministry of Finance to be the amount of any expenses incurred by any government department (including a department of Her Majesty's Government of the United Kingdom), other than the Ministry, in consequence of the provisions of Part III, [except Para.(a) rep. by 1973 c.38 s.100(2)(b) sch.28 Pt.II (b)any such expenses as are mentioned in section 39(1).] CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 61 1964 c.18 61.(1) The Minister may, with the consent of the Ministry of Finance, make reciprocal arrangements with the Minister of Labour of Her Majesty's Government of the United Kingdom (in this section referred to as "the United Kingdom Minister") for co-ordinating the provisions of this Act with the corresponding provisions of the United Kingdom Act, so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system. (2) For the purpose of giving effect to any such arrangements, the Minister shall have power, in conjunction with the United Kingdom Minister, to make any necessary financial adjustments between the Northern Ireland Redundancy Fund and any fund established under the United Kingdom Act. (3) The Minister may make regulations for giving effect in Northern Ireland to any such arrangements, and any such regulations may provide that this Act shall have effect in relation to persons affected by the arrangements subject to such modifications and adaptations as may be specified in the regulations, including provision (a)for securing that acts, omissions and events having any effect for the purposes of the United Kingdom Act shall have a corresponding effect for the purposes of this Act (but not so as to confer a right to double payment in respect of the same act, omission or event); and (b)for determining, in cases where rights accrue both under this Act and under the United Kingdom Act, which of those rights shall be available to the person concerned. (4) It is hereby declared that the Minister is the appropriate Northern Irish authority for the purposes of any provision of the United Kingdom Act corresponding to any of the foregoing provisions of this section. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 62 Reciprocal arrangements with Great Britain. 62.(1) If an Act of Tynwald is passed for purposes similar to the purposes of this Act, the Minister may, with the consent of the Ministry of Finance, make reciprocal arrangements with the appropriate Isle of Man authority for co-ordinating the provisions of this Act with the corresponding provisions of the Act of Tynwald so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system. (2) For the purposes of giving effect to any such arrangements, the Minister shall have power, in conjunction with the appropriate Isle of Man authority, to make any necessary financal adjustments between the Northern Ireland Redundancy Fund and any fund established under the Act of Tynwald. (3) The Minister may make regulations for giving effect in Northern Ireland to any such arrangements, and any such regulations may provide that this Act shall have effect in relation to persons affected by the arrangements subject to such modifications and adaptations as may be specified in the regulations, including provision (a)for securing that acts, omissions and events having any effect for the purposes of the Act of Tynwald shall have a corresponding effect for the purposes of this Act (but not so as to confer a right to double payment in respect of the same act, omission or event); and (b)for determining, in cases where rights accrue both under this Act and under the Act of Tynwald, which of those rights shall be available to the person concerned. (4) In this section "the appropriate Isle of Man authority" means such authority as may be specified in that behalf in an Act of Tynwald. CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 63 Reciprocal arrangements with Isle of Man. 63.(1) In this Act "the appointed day" means such day as the Minister may appoint by order and, without prejudice to section 17(5) of the Interpretation Act (Northern Ireland) 1954, different days may be so appointed for different provisions or different purposes of this Act; "lock-out" means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment; "the Minister" means the Minister of Health and Social Services; "the Ministry" has the meaning assigned to it by section 4(12); "renewal" includes extension, and any reference to renewing a contract or a fixed term shall be construed accordingly; "statutory provision" has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954; "strike" means the cessation of work by a body of persons employed acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons employed to continue to work for an employer in consequence of a dispute, done as a means of compelling their employer or any person or body of persons employed, or to aid other employees in compelling their employer or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment; "transferred provision" has the meaning assigned to it by section 1(g) of the Interpretation Act (Northern Ireland) 1954; "tribunal" means a tribunal established under section 13 of the Industrial Training Act (Northern Ireland) 1964; "the United Kingdom Act" means the Redundancy Payments Act 1965. (2) In this Act any reference to the Government of an overseas territory shall be construed in accordance with section 50(6). (3) In Parts I, II and III "employee" means an individual who has entered into or works under (or, in the case of a contract which has been terminated, worked under) a contract with an employer, whether the contract is for manual labour, clerical work or otherwise, is express or implied, oral or in writing, and whether it is a contract of service or of apprenticeship, and, ... "employer", and any reference to employment, shall be construed accordingly. (4) For the purposes of Parts II and III and this Part it is immaterial whether the law which (apart from the said Parts) governs any person's employment is the law of Northern Ireland or not. S.64, with Schedule 9, effects repeal CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 65 1965 c.62 65. This Act may be cited as the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965. 1.[(1) Where an employee's period of employment is, for the purposes of any statutory provision (including any statutory provision contained in this Act), to be computed in accordance with this Schedule, it shall be computed in weeks, and in any such statutory provision which refers to a period of employment expressed in years, a year means 52 weeks (whether continuous or discontinuous) which count in computing a period of employment.] (2) Save as otherwise expressly provided, the provisions of this Schedule apply to periods before it comes into force as they apply to later periods. (3) For the purpose of computing an employee's period of employment (but not for any other purpose), the provisions of this Schedule apply to periods during which the employee is engaged in work wholly or mainly outside Northern Ireland, and periods during which the employee is excluded by or under section 6, as they apply to other periods. 2 Except so far as otherwise provided by the following provisions of this Schedule, any week which does not count under paragraphs 3 to 6 breaks the continuity of the period of employment. 3. Any week in which the employee is employed for [sixteen hours] or more shall count in computing a period of employment. 4. Any week during the whole or part of which the employee's relations with the employer are governed by a contract of employment which normally involves employment for [sixteen hours] or more weekly shall count in computing a period of employment. [4A.(1) If the employee's relations with his employer cease to be governed by a contract which normally involves work for sixteen hours or more weekly and become governed by a contract which normally involves employment for eight hours or more, but less than sixteen hours, weekly, and but for that change the later weeks would count in computing a period of employment, or would not break the continuity of a period of employment, then those later weeks shall count in computing a period of employment or, as the case may be, shall not break the continuity of a period of employment, notwithstanding that change. (2) Not more than twenty-six weeks shall count under this paragraph between any two periods falling under paragraph 4, and in computing the said figure of twenty-six weeks no account shall be taken of any week which counts in computing a period of employment, or does not break the continuity of a period of employment, otherwise than by virtue of this paragraph.] [4B.(1) An employee whose relations with his employer are governed, or have been from time to time governed, by a contract of employment which normally involves employment for eight hours or more, but less than sixteen hours, weekly shall nevertheless, if he satisfies the condition referred to in the next following sub-paragraph, be treated for the purposes of this Schedule (apart from this paragraph) as if his contract normally involved employment for sixteen hours or more weekly, and had at all times at which there was a contract during the period of employment of five years or more referred to in the next following sub-paragraph normally involved employment for sixteen hours or more weekly. (2) The foregoing sub-paragraph shall apply if the employee, on the date by reference to which the length of any period of employment falls to be ascertained in accordance with the provisions of this Schedule, has been continuously employed, within the meaning of the next following sub-paragraph, for a period of five years or more. (3) In computing, for the purposes of the foregoing sub-paragraph, an employee's period of employment the provisions of this Schedule (apart from this paragraph) shall apply but as if, in paragraphs 3 and 4, for the words "sixteen hours" wherever they occur, there were substituted the words "eight hours".] [4C.(1) If an employee has, at any time during the relevant period of employment, been continuously employed for a period which qualifies him for any right which requires a qualifying period of continuous employment computed in accordance with this Schedule, then, he shall be regarded for the purposes of qualifying for that right as continuing to satisfy that requirement until the condition referred to in sub-paragraph (3) occurs. (2) In this paragraph the relevant period of employment means the period of employment ending on the date by reference to which the length of any period of employment falls to be ascertained which would be continuous (in accordance with the provisions of this Schedule) if at all relevant times the employee's relations with the employer had been governed by a contract of employment which normally involved employment for sixteen hours or more weekly. (3) The condition which defeats the operation of sub-paragraph (1) is that in a week subsequent to the time at which the employee qualified as referred to in that sub-paragraph (a)his relations with his employer are governed by a contract of employment which normally involves employment for less than eight hours weekly; and (b)he is employed in that week for less than sixteen hours. (4) If, in a case in which an employee is entitled to any right by virtue of sub-paragraph (1), it is necessary for the purpose of ascertaining the amount of his entitlement to determine for what period he has been continuously employed, he shall be regarded for that purpose as having been continuously employed throughout the relevant period.] 5.(1) If in any week the employee is, for the whole or part of the week (a)incapable of work in consequence of sickness or injury; or (b)absent from work on account of a temporary cessation of work; or (c)absent from work in circumstances such that, by arrangement or custom, he is regarded as continuing in the employment of his employer for all or any purposes; [or (d)absent from work wholly or partly because of pregnancy or confinement]; (2) Not more than twenty-six weeks shall count under head (a) [or, subject to paragraph 5A, head (d)] of sub-paragraph (1) between any [periods falling under paragraph 3, 4 or 4A.] (3) Sub-paragraph (1)(b) shall not apply to a temporary cessation of work on account of a strike in which the employee takes part. [5A. If an employee returns to work in accordance with Article 29 of the Industrial Relations (No. 2) (Northern Ireland) Order 1976 after a period of absence from work wholly or partly occasioned by pregnancy or confinement, every week during that period shall count in computing a period of employment, notwithstanding that it does not fall under paragraph 3, 4 or 4A.] 6. If in any week beginning before this Schedule comes into force the employee was, for the whole or any part of the week, absent from work (a)because he was taking part in a strike; or (b)because of a lock-out by the employer; 7.(1) A week shall not count under paragraph 3, [4, 4A, [5 or 5A]] if in that week, or any part of that week, the employee takes part in a strike. (2) The continuity of an employee's period of employment is not broken by a week which does not count under this Schedule, and which begins after it comes into force, if in that week, or any part of that week, the employee takes part in a strike. (3) Sub-paragraph (2) applies whether or not the week would, apart from sub-paragraph (1), have counted under this Schedule. 8. The continuity of the period of employment is not broken by a week which begins after this Schedule comes into force and which does not count under this Schedule, if in that week or any part of that week the employee is absent from work because of a lock-out by the employer. 9. If a person who is entitled to apply to his former employer under Part II of the National Service Act 1948 (re-instatement in civil employment) enters the employment of that employer not later than the end of the six months period mentioned in section 35(2)(b) of that Act, his previous period of employment with that employer (or if there was more than one such period, the last of those periods) and the period of employment beginning in the said period of six months shall be treated as continuous. 10.(1) Subject to this paragraph and paragraph 11, the foregoing provisions of this Schedule relate only to employment by the one employer. (2) If a trade or business or an undertaking (whether or not it be an undertaking established by or under a transferred provision) is transferred from one person to another, the period of employment of an employee in the trade or business or undertaking at the time of the transfer shall count as a period of employment with the transferee, and the transfer shall not break the continuity of the period of employment. (3) If by or under any transferred provision (including such a provision passed or made after the passing of this Act) a contract of employment between any body corporate and an employee is modified and some other body corporate is substituted as the employer, the employee's period of employment at the time when the modification takes effect shall count as a period of employment with the second mentioned body corporate, and the change of employer shall not break the continuity of the period of employment. (4) If on the death of an employer the employee is taken into the employment of the personal representatives or trustees of the deceased the employee's period of employment at the time of the death shall count as a period of employment with the employer's personal representatives or trustees, and the death shall not break the continuity of the period of employment. (5) If there is a change in the partners, personal representatives or trustees who employ any person, the employee's period of employment at the time of the change shall count as a period of employment with the partners, personal representatives or trustees after the change, and the change shall not break the continuity of the period of employment. [11.(1) If an employee of an employer is taken into the employment of another employer who, at the time when the employee enters his employment is an associated employer of the first mentioned employer, the employee's period of employment at that time shall count as a period of employment with the second mentioned employer and the change of employer shall not break the continuity of the period of employment. (2) For the purposes of this paragraphs any two employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control, or if both are companies of which a third person (directly or indirectly) has control; and the expression "associated employer" shall be construed accordingly.] [11A(1) Subject to the following provisions of this paragraph, the provisions of this Schedule shall have effect (for the purpose of computing an employee's period of employment, but not for any other purpose) in relation to Crown employment and to persons in Crown employment as they have effect in relation to other employment and to other employees, and accordingly, except where the context otherwise requires, references to an employer shall be construed as including a reference to the Crown. (2) In this paragraph, subject to the next following sub-paragraph, "Crown employment" means employment under or for the purposes of a Northern Ireland department or a department of the Government of the United Kingdom. (3) This paragraph does not apply to service as a member of the naval, military or air forces of the Crown, or of any women's service administered by the Defence Council, but does apply to employment by any association established for the purposes of [Part VI of the Reserve Forces Act 1980]. (4) In so far as a person in Crown employment is employed otherwise than under a contract of employment, references in this Schedule to an employee's relations with his employer being governed by a contract of employment which normally involves employment for a certain number of hours weekly shall be modified acordingly. (5) The reference in paragraph 10(2) to an undertaking shall be construed as including a reference to any function of (as the case may require) a Minister of the Crown or a Northern Ireland department or a department of the Government of the United Kingdom.] 12.(1) In this Schedule "week" means a week ending with Saturday. (2) For the purposes of this Schedule the hours of employment of an employee who is required by the terms of his employment to live on the premises where he works shall be the hours during which he is on duty or during which his services may be required. 1.(1) In this Schedule (a)the "period of notice" means the period of notice required by section 1(1) or, as the case may be, section 1(2); and (b)"normal working hours" shall be construed in accordance with Part I of Schedule 2 to the Industrial Relations (Northern Ireland) Order 1976. (2) For the purposes of Part II of Schedule 2 to the Industrial Relations (Northern Ireland) Order 1976 as it applies for the calculation of a week's pay for the purposes of this Schedule, the calculation date is the day immediately preceding the first day of the period of notice. 2.(1) If an employee has normal working hours under the contract of employment in force during the period of notice, and if during any part of those normal working hours (a)the employee is ready and willing to work but no work is provided for him by his employer; or (b)the employee is incapable of work because of sickness or injury; or (c)the employee is absent from work in accordance with the terms of his employment relating to holidays, (2) Any payments made to the employee by his employer in respect of the relevant part of the period of notice whether by way of sick pay, holiday pay or otherwise, shall go towards meeting the employer's liability under this paragraph. (3) Where notice was given by the employee, the employer's liability under this paragraph shall not arise unless and until the employee leaves the service of the employer in pursuance of the notice. 3.(1) If an employee does not have normal working hours under the contract of employment in force in the period of notice the employer shall be liable to pay the employee for each week of the period of notice a sum not less than a week's pay. (2) Subject to the next following sub-paragraph, the employer's obligation under this paragraph shall be conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week's pay. (3) Sub-paragraph (2) shall not apply (a)in respect of any period during which the employee is incapable of work because of sickness or injury, or (b)in respect of any period during which the employee is absent from work in accordance with the terms of his employment relating to holidays, (4) Where the notice was given by the employee, the employer's liability under this paragraph shall not arise unless and until the employee leaves the service of the employer in pursuance of the notice. 4.(1) The following provisions of this paragraph shall have effect where the arrangements in force relating to the employment are such that (a)payments by way of sick pay are made by the employer to employees to whom the arrangements apply, in cases where any such employees are incapable of work because of sickness or injury; and (b)in calculating any payment so made to any such employee an amount representing, or treated as representing, sickness benefit or industrial injury benefit is taken into account, whether by way of deduction or by way of calculating the payment as a supplement to that amount. (2) If during any part of the period of notice the employee is incapable of work because of sickness or injury, and (a)one or more payments, by way of sick pay are made to him by the employer in respect of that part of the period of notice, and (b)in calculating any such payment such an amount as is referred to in sub-paragraph (1)(b) is taken into account as therein mentioned, 5. The employer shall not be liable under the foregoing provisions of this Schedule to make any payment in respect of a period during which the employee is absent from work with the leave of the employer granted at the request of the employee [(including any period of time off taken in accordance with Articles 37, 38, 39 or 41 of the Industrial Relations (No. 2) (Northern Ireland) Order 1976)]. 6. No payment shall be due under this Schedule in consequence of a notice to terminate a contract given by an employee if, after the notice is given and on or before the termination of the contract, the employee takes part in a strike of employees of the employer. 7.(1) If, during the period of notice, the employer breaks the contract of employment, payments received under this Schedule in respect of the part of the period after the breach shall go towards mitigating the damages recoverable by the employee for loss of earnings in that part of the period of notice. (2) If, during the period of notice, the employee breaks the contract and the employer rightfully treats the breach as terminating the contract, no payment shall be due to the employee under this Schedule in respect of the part of the period of notice falling after the termination of the contract.] 1.(1) The amount of a redundancy payment to which an employee is entitled in any case shall, subject to the following provisions of this Schedule, be calculated by reference to the period, ending with the relevant date, during which he has been continuously employed; and for the purposes of this Schedule that period shall be computed in accordance with Schedule 1, but as if (a)any week which began before the employee attained the age of eighteen were excluded, ..., (b)the continuity of an employee's period of employment were not broken by a week which does not count under that Schedule, if the whole or part of that week falls within any such interval as is referred to in section 18(3), [and (c)the period of any such interval as is referred to in section 18(3A) counted as a period of employment notwithstanding that it does not count under that Schedule.] (2) Where section 27 [section 34 or section 34A] applies, sub-paragraph (1) shall have effect subject to that section. 2. Subject to paragraphs 3 and 4, the amount of the redundancy payment shall be calculated by reference to the period specified in paragraph 1 by starting at the end of that period and reckoning backwards the number of years of employment falling within that period, and allowing (a)one and a half weeks' pay for each such year of employment which consists wholly of weeks in which the employee was not below the age of forty-one; (b)one week's pay for each such year of employment (not falling within sub-paragraph (a)) which consists wholly of weeks in which the employee was not below the age of twenty-two; and (c)half a week's pay for each such year of employment not falling within sub-paragraph (a) or (b). 3. Where, in reckoning the number of years of employment in accordance with paragraph 2, twenty years of employment have been reckoned, no account shall be taken of any year of employment earlier than those twenty years. 4.(1) Where in the case of an employee the relevant date is after the specified anniversary, the amount of the redundancy payment, calculated in accordance with the preceding provisions of this Schedule, shall be reduced by the appropriate fraction. (2) In this paragraph "the specified anniversary", in relation to a man, means the sixty-fourth anniversary of the day of his birth, and, in relation to a woman, means the fifty-ninth anniversary of the day of her birth, and "the appropriate fraction" means the fraction of which (a)the numerator is the number of whole months, reckoned from the specified anniversary, in the period beginning with that anniversary and ending with the relevant date, and (b)the denominator is twelve. [5.(1) For the purposes of Part II of Schedule 2 to the Industrial Relations (Northern Ireland) Order 1976 as it applies for the calculation of a week's pay for the purposes of this Schedule, the calculation date is, subject to sub-paragraph (3), the date on which notice would have been given by the employer had the conditions referred to in the next following sub-paragraph been fulfilled (whether those conditions were in fact fulfilled or not). (2) Those conditions are that the contract was terminable by notice and was terminated by the employer giving such notice as is required to terminate that contract by section 1(1) and that the notice expired on the relevant date. (3) Where by virtue of section 13(10) a date is to be treated as the relevant date for the purposes of certain provisions of this Act (which do not include this sub-paragraph) which is later than the relevant date as defined by subsection (9) of that section, then, for the purposes of Part II of Schedule 2 to the Industrial Relations (Northern Ireland) Order 1976 as it applies for the calculation of a week's pay for the purposes of this Schedule, the calculation date is the relevant date as defined by the said subsection (9). (4) Notwithstanding anything in the said Part II of Schedule 2, the amount of a week's pay for the purpose of calculating a redundancy payment shall not exceed [#130]. (5) Without prejudice to the generality of the power under Article 70 of the Industrial Relations (Northern Ireland) Order 1976 to make transitional provision in an order under that Article, such an order may provide that it shall apply in the case of a dismissal in relation to which the relevant date for the purposes of this sub-paragraph falls after the order comes into operation, notwithstanding that the relevant date for the purposes of other provisions of this Act falls before the order comes into operation.] 6. For the purposes of any provision contained in Part II whereby a tribunal may determine that an employer shall be liable to pay to an employee either (a)the whole of the redundancy payment to which the employee would have been entitled apart from another provision therein mentioned, or (b)such part of that redundancy payment as the tribunal thinks fit, 7. The preceding provisions of this Schedule shall have effect without prejudice to the operation of any regulations made under section 24 whereby the amount of a redundancy payment, or part of a redundancy payment, may be reduced. 8. Where the relevant date does not occur at the end of a week, any reference in the preceding provisions of this Schedule to the relevant date shall be construed as a reference to the end of the week in which that date falls. 9. In this Schedule "week" [except in the expression "a week's pay",] means a week ending with Saturday .... Schedule 4 rep. by 1976 NI 16 art.82(3) sch.7 1. The provisions of this Part shall have effect in relation to an employee where his employer (in this Part referred to as "the deceased employer") dies. 2. Section 23 shall not apply to any change whereby the ownership of the business, for the purposes of which the employee was employed by the deceased employer, passes to a personal representative of the deceased employer. [3. Where by virtue of subsection (1) of section 32 the death of the deceased employer is to be treated for the purposes of this Act as a termination by him of the contract of employment, section 13 shall have effect subject to the following modifications: (a)for subsection (3) there shall be substituted the following subsection: (i)"(3) If an employee's contract of employment is renewed, or he is re-engaged under a new contract of employment, by a personal representative of the deceased employer and the renewal or re-engagement takes effect not later than eight weeks after the death of the deceased employer, then, subject to subsections (5) and (8), the employee shall not be regarded as having been dismissed by reason of the ending of his employment under the previous contract"; (b)in subsection (4) paragraph (a) shall be omitted and in paragraph (b) for the words "four weeks" there shall be substituted the words "eight weeks"; (c)in subsections (7) and (8) references to the employer shall be construed as references to the personal representative of the deceased employer. 4. Where by reason of the death of the deceased employer the employee is treated for the purposes of this Act as having been dismissed by him, section 12 shall have effect subject to the following modifications: (a)for subsection (3) there shall be substituted the following subsection (i)"(3) If a personal representative of the deceased employer makes an employee an offer (whether in writing or not) to renew his contract of employment, or to re-engage him under a new contract of employment, so that the renewal or re-engagement would take effect not later than eight weeks after the death of the deceased employer the provisions of subsections (5) and (6) shall have effect"; (b)in subsection (4) paragraph (a) shall be omitted and in paragraph (b) for the words "four weeks" there shall be substituted the words "eight weeks"; (c)in subsection (5) the reference to the employer shall be construed as a reference to the personal representative of the deceased employer.] 5. For the purposes of paragraph 4 (a)an offer shall not be treated as one whereby the provisions of the contract as renewed, or of the new contract, as the case may be, would differ from the corresponding provisions of the contract as in force immediately before the death of the deceased employer by reason only that the personal representative would be substituted as the employer for the deceased employer, and (b)no account shall be taken of that substitution in determining whether the refusal of the offer was unreasonable [or, as the case may be, whether the employee acted reasonably in terminating the renewed, or new, employment during the trial period referred to in section 13.] Para.6 rep. by 1976 NI 16 art.82(3) sch.7 7. Where the employee has before the death of the deceased employer been laid off or kept on short-time for one or more weeks, but has not given to the deceased employer notice of intention to claim, then if after the death of the deceased employer (a)his contract of employment is renewed, or he is re-engaged under a new contract, [by a personal representative of the deceased employer], and (b)after the renewal or re-engagement, he is laid off or kept on short-time for one or more weeks by the personal representative of the deceased employer, 8. The provisions of paragraph 9 or (as the case may be) paragraph 10 shall have effect where the employee has given to the deceased employer notice of intention to claim, and (a)the deceased employer has died before the end of the next four weeks after the service of that notice, and (b)the employee has not terminated the contract of employment by notice expiring before the death of the deceased employer. 9. If in the circumstances specified in paragraph 8 the employee's contract of employment is not renewed by a personal representative of the deceased employer before the end of the next four weeks after the service of the notice of intention to claim, and he is not re-engaged under a new contract by such a personl representative before the end of those four weeks, subsections (1) to (3) of section 16 and (in relation to subsection (1) of that section) subsections (2) and (3) of section 17 shall apply as if (a)the deceased employer had not died, and (b)the employee had terminated the contract of employment by a week's notice (or, if under the contract he is required to give more than a week's notice to terminate the contract, he had terminated it by the minimum notice which he is so required to give) expiring at the end of those four weeks, 10.(1) The provisions of this paragraph shall have effect where, in the circumstances specified in paragraph 8, the employee's contract of employment is renewed by a personal representative of the deceased employer before the end of the next four weeks after the service of the notice of intention to claim, or he is re-engaged under a new contract by such a personal representative before the end of those four weeks, and (a)he was laid off or kept on short-time by the deceased employer for one or more of those weeks, and (b)he is laid off or kept on short-time by the personal representative for the week, or for the next two or more weeks, following the renewal or re-engagement. (2) Where the conditions specified in sub-paragraph (1) are fulfilled, sections 16 and 17 shall apply as if (a)all the weeks for which the employee was laid off or kept on short-time as mentioned in sub-paragraph (1) were consecutive weeks during which he was employed (but laid off or kept on short-time) by the same employer, and (b)each of the periods specified in paragraphs (a) and (b) of subsection (5) of section 17 were extended by any week or weeks any part of which was after the death of the deceased employer and before the date on which the renewal or re-engagement took effect. 11. In paragraphs 7 to 10 "week" and "notice of intention to claim" have the same meanings as in section 16. Para.12 rep. by 1976 NI 16 art.82(3) sch.7 13. For the purposes of the application, in accordance with section 29(1), of any provisions of this Act in relation to an employee who was employed as a domestic servant in a private household, any reference to a personal representative in (a)this Part, or (b)paragraph 10 of Schedule 1, 14. Subject to the preceding provisions of this Part, in relation to an employer who has died (a)any reference in this Act to the doing of anything by, or in relation to, an employer shall be construed as including a reference to the doing of that thing by, or in relation to, any personal representative of the deceased employer, and (b)any reference in this Act to a thing required or authorised to be done by, or in relation to, an employer shall be construed as including a reference to anything which, in accordance with any provision of this Act as modified by this Part (including sub-paragraph (a)), is required or authorised to be done by, or in relation to, any personal representative of his. 15. Where by virtue of any provision of this Act, as modified by this Part, a personal representative of the deceased employer is liable to pay a redundancy payment, or part of a redundancy payment, and that liability had not accrued before the death of the deceased employer, it shall be treated for all purposes as if it were a liability of the deceased employer which had accrued immediately before his death. 16.[(1)] Where an employer has given notice to an employee to terminate his contract of employment, and before that notice expires the employee dies, the provisions of Part II of this Act shall apply as if the contract had been duly terminated by the employer by notice expiring on the date of the employee's death. [(2) Where the employee's contract of employment has been terminated by the employer and by virtue of section 13(10) a date later than the relevant date as defined by subsection (9) of that section is to be treated as the relevant date for the purposes of certain provisions of this Act, and before that later date the employee dies, the said subsection (10) shall have effect as if the notice referred to in that subsection as required to be given by an employer would have expired on the employee's death.] 17.[(1)] Where an employer has given notice to an employee to terminate his contract of employment, and has offered to renew his contract of employment, or to re-engage him under a new contract, then if (a)the employee dies without having either accepted or refused the offer, and (b)the offer has not been withdrawn before his death, [(2) Where an employee's contract of employment has been renewed, or he has been re-engaged under a new contract of employment, and during the trial period the employee dies without having terminated or having given notice to terminate the contract, subsection (6) of that section shall apply as if for the words from "and during the trial period" to "terminated" there were substituted the words "and it would have been unreasonable for the employee, during the trial period referred to in section 13, to terminate or give notice to terminate the contract".] [17A. Where an employee's contract of employment has been renewed, or he has been re-engaged under a new contract of employment, and during the trial period he gives notice to terminate the contract but dies before the expiry of that notice sections 12(6) and 13(8)(a) shall have effect as if that notice had expired and the contract had thereby been terminated on the date of the employee's death.] 18.(1) Where, in the circumstances specified in paragraphs (a) and (b) of subsection (1) of section 14, the employee dies before the notice given by him under paragraph (b) of that subsection is due to expire and before the employer has given him notice under subsection (3) of that section, subsection (4) of that section shall apply as if the employer had given him such notice and he had not complied with it. (2) Where, in the circumstances specified in paragraphs (a) and (b) of subsection (1) of that section, the employee dies before his notice given under paragraph (b) of that subsection is due to expire but after the employer has given him notice under subsection (3) of that section, subsections (3) and (4) of that section shall apply as if the circumstances were that the employee had not died, but did not comply with the last-mentioned notice. 19.(1) Where an employee has given notice of intention to claim and dies before he has given notice to terminate his contract of employment and before the period allowed for the purposes of subsection (3)(a) of section 16 has expired, the said subsection (3)(a) shall not apply. (2) Where an employee, who has given notice of intention to claim, dies within seven days after the service of that notice, and before the employer has given a counter-notice, the provisions of sections 16 and 17 shall apply as if the employer had given a counter-notice within those seven days. (3) In this paragraph "notice of intention to claim" and "counter-notice" have the same meanings as in section 17. 20.[(1)] In relation to the making of a claim by a personal representative of a deceased employee who dies before the end of the period of six months beginning with the relevant date, [subsection (1) of] section 31 shall apply with the substitution, for the words "six months", of the words "one year".] [(2) In relation to the making of a claim by a personal representative of a deceased employee who dies after the end of the period of six months beginning with the relevant date and before the end of the following period of six months, subsection (2) of section 31 shall apply with the substitution, for the words "six months", of the words "one year". 21. Subject to the preceding provisions of this Part, in relation to an employee who has died (a)any reference in this Act to the doing of anything by, or in relation to, an employee shall be construed as including a reference to the doing of that thing by, or in relation to, any personal representative of the deceased employee, and (b)any reference in this Act to a thing required or authorised to be done by, or in relation to, an employee shall be construed as including a reference to anything which, in accordance with any provision of this Act as modified by this Part (including sub-paragraph (a)), is required or authorised to be done by, or in relation to, any personal representative of his. [21A.(1) If there is no personal representative of a deceased employee, tribunal proceedings arising under any of the provisions of this Act (or proceedings to enforce a tribunal award made in any such proceedings) may be instituted or continued on behalf of the estate of the deceased employee by such other person as the tribunal may appoint being either (a)a person authorised by the employee to act in connection with the proceedings before the employee's death; or (b)the widower, widow, child, father, mother, brother or sister of the deceased employee, (2) In such a case any award made by the tribunal shall be in such terms and shall be enforceable in such manner as may be provided by regulations made by the Department, subject to negative resolution.] 22.(1) Any right of a personal representative of a deceased employee to a redundancy payment, where that right had not accrued before the employee's death, shall devolve as if it had accrued before his death. (2) In relation to any case where, under any provision contained in Part II of this Act as modified by the preceding provisions of this Part, a tribunal has power to determine that an employer shall be liable to pay to a personal representative of a deceased employee either (a)the whole of a redundancy payment to which he would have been entitled apart from another provision therein mentioned, or (b)such part of such a redundancy payment as the tribunal thinks fit, 1. In this Part "rebate" has the same meaning as in Part III of this Act; "year of employment" has the meaning assigned to it by paragraph 9 of Schedule 3; .... 2. Subject to sections 40(6) and 44, and to the following provisions of this Part, the amount of any rebate payable in respect of a redundancy payment shall be calculated by taking the number of years of employment by reference to which the redundancy payment falls to be calculated in accordance with Schedule 3, and allowing (a)[[123/200] of one week's] pay for each year of employment falling within sub-paragraph (a) of paragraph 2 of that Schedule; (b)[41/100] of one week's pay for each year of employment falling within sub-paragraph (b) of that paragraph; and (c)[41/200] of one week's pay for each year of employment falling within sub-paragraph (c) of that paragraph. 3. Where the amount of the redundancy payment, calculated in accordance with paragraphs 1, 2 and 3 of Schedule 3, is reduced by virtue of paragraph 4 of that Schedule, the amount of the rebate shall be [41/100] of the amount of the redundancy payment as so reduced. 4.(1) The provisions of this paragraph shall have effect in relation to any case where (a)under any provision contained in Part II of this Act a tribunal is empowered to determine that an employer shall be liable to pay to an employee either the whole or part of the redundancy payment to which the employee would have been entitled apart from another provision therein mentioned, and (b)the tribunal determines that the employer shall be liable to pay part (but not the whole) of that redundacy payment. (2) There shall be ascertained what proportion that part of the redundancy payment bears to the whole of it (in this paragraph referred to as "the relevant proportion"). (3) There shall also be ascertained what, in accordance with the preceding provisions of this Part, would have been the amount of the rebate payable in respect of that redundancy payment if the employer had been liable to pay the whole of it. (4) Subject to paragraph 5, the amount of the rebate payable in that case shall then be an amount equal to the relevant proportion of the amount referred to in sub-paragraph (3). 5. Where the amount of a redundancy payment or part of a redundancy payment is reduced in accordance with regulations made under section 24, (a)the proportion by which it is so reduced shall be ascertained, and (b)the amount of any rebate calculated by reference to that payment shall be reduced by that proportion. 6. The provisions of this Part shall have effect for the purpose of calculating the amount of any rebate payable in respect of an employer's payment which is not a redundancy payment or part of a redundancy payment (in this Part referred to as "the agreed payment"). 7. In this Part "rebate" and "employer's payment" have the same meanings as in Part III of this Act; "the agreement", in relation to the agreed payment, means the agreement referred to in paragraph (b) or paragraph (c) of section 40(1) by reference to which that payment is payable; and "the relevant provisions of the agreement" means those provisions of the agreement which relate to either of the following matters, that is to say (a)the circumstances in which the continuity of an employee's period of employment is to be treated as broken, and (b)the weeks which are to count in computing a period of employment. 8. In this Part any reference to the amount of the relevant redundancy payment, in relation to the agreed payment, shall be construed as a reference to the amount of the redundancy payment which the employer would have been liable to pay to the employee if (a)the order referred to in paragraph (b) of subsection (1) of section 40, or (as the case may be) the order and the award referred to in paragraph (c) of that subsection, had not been made; (b)the circumstances in which the agreed payment is payable had been such that the employer was liable to pay a redundancy payment to the employee in those circumstances; (c)in relation to that redundancy payment, the relevant date had been the date on which the termination of the employee's contract of employment is treated for the purposes of the agreement as having taken effect; and (d)in so far as the relevant provisions of the agreement are inconsistent with the provisions of Schedule 1 as to the matters referred to in sub-paragraphs (a) and (b) of paragraph 7, those provisions of the agreement were substituted for those provisions of Schedule 1; 9. Subject to sections 40(6) and 44, and to the following provisions of this Part, the amount of any rebate payable in respect of the agreed payment shall be an amount calculated as follows, that is to say, by taking the number of years of employment by reference to which the amount of the relevant redundancy payment would fall to be calculated in accordance with Schedule 3 (as that Schedule would have applied if the assumed conditions were fulfilled), and allowing (a)[[123/200] of one week's] pay for each such year of employment falling within sub-paragraph (a) of paragraph 2 of that Schedule; (b)[41/100] of one week's pay for each such year of employment falling within sub-paragraph (b) of that paragraph; and (c)[41/200] of one week's pay for each such year of employment falling within sub-paragraph (c) of that paragraph. 10. For the purposes of paragraph 9, paragraph 1 of Schedule 3 shall be construed as if sub-paragraphs (1)(b) and (2) of that paragraph were omitted. 11. Where the amount of the agreed payment is less than the amount of the relevant redundancy payment (a)the proportion which it bears to the amount of the relevant redundancy payment shall be ascertained, and (b)the amount of the rebate shall (except as provided by paragraph 12) be that proportion of the amount calculated in accordance with the preceding provisions of this Part. 12. Where the amount of the relevant redundancy payment calculated in accordance with paragraphs 1, 2 and 3 of Schedule 3 would (if the assumed conditions were fulfilled) have been reduced by virtue of paragraph 4 of that Schedule, the amount of the rebate shall be [41/100] of the amount of the relevant redundancy payment as so reduced. Para.13 rep. by 1976 NI 16 art.82(3) sch.7 1.(1) Where the employer's payment is a redundancy payment, the sum referred to in section 42(2) is a sum equal to the amount of that payment. (2) Where, in a case falling within section 40(5), the employer's payment is part of a redundancy payment, the sum referred to in section 42(2) is a sum equal to the amount of that part of the payment. 2.(1) The provisions of this paragraph shall have effect for the purpose of determining the sum referred to in section 42(2) in relation to an employer's payment which is not a redundancy payment or part of a redundancy payment. (2) Paragraph 7 of Schedule 6 (except in so far as it defines "rebate") and paragraph 8 of that Schedule shall have effect for the purposes of this paragraph as they have effect for the purposes of Part II of that Schedule; and in the application of those paragraphs in accordance with this sub-paragraph the employer's payment in relation to which the sum referred to in section 42(2) falls to be determined shall be taken to be the agreed payment. (3) In relation to any such employer's payment, the sum in question shall be a sum equal to (a)the amount of the employer's payment, or (b)the amount of the relevant redundancy payment, 3. In this Schedule "employer's payment" has the same meaning as in Part III. Schedule 9Repeal

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/coearpai1965652.txt

Statutes of Northern Ireland