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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 21

21.(1) In this Order "dismissal" and "dismiss" shall be construed in
accordance with the following provisions of this Article.

(2) Subject to paragraph (3) an employee shall be treated for the purposes of
this Order 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 terminated 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 such that he is entitled to terminate it without notice by
reason of the employer's conduct.

(3) Where an employer gives notice to an employee to terminate his contract of
employment and, at a time within the period of that notice, the employee gives
notice 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, the
employee shall for the purposes of this Order be taken to be dismissed by his
employer, and the reasons for the dismissal shall be taken to be the reasons
for which the employer's notice is given.

(4) Subject to paragraph (5), in this Order "the effective date of
termination"

(a)in relation to an employee whose 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)in relation to an employee whose contract of employment is terminated
without notice, means the date on which the termination takes effect; and

(c)in relation to an employee who is employed under a contract for a fixed
term, where that term expires without being renewed under the same contract,
means the date on which that term expires.

(5) Where the notice required to be given by an employer by section 1(1) of
the Act of 1965 (minimum period of notice) 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 effective date of termination as defined by paragraph (4), that later
date shall be treated as the effective date of termination in relation to the
dismissal for the purposes of Articles 24(1)(a), 34(3), 35(5) and 48(2).

© 1976 Crown Copyright

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