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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 40

40.(1) An order for the continuation of a contract of employment under Article
39 shall be an order that the contract of employment, if it has been
terminated, shall continue in force as if it had not been terminated and if
not shall on its termination continue in force, in either case until the
determination or settlement of the complaint and only for the purposes of pay
or any other benefit derived from the employment, seniority, pension rights
and other similar matters and for the purpose of determining for any purpose
the period for which the employee has been continuously employed.

(2) Where the tribunal makes any such order it shall specify in the order the
amount which is to be paid by the employer to the employee by way of pay in
respect of each normal pay period or part of any such period falling between
the date of the dismissal and the determination or settlement of the complaint
and, subject to paragraph (5), the amount so specified shall be that which the
employee could reasonably have been expected to earn during that period or
part, and shall be paid, in the case of a payment for any such period falling
wholly or partly after the order, on the normal pay day for that period and,
in the case of a payment for any past period, within a time so specified.

(3) If an amount is payable by way of pay in pursuance of any such order in
respect only of part of a normal pay period the amount shall be calculated by
reference to the whole period and be reduced proportionately.

(4) Any payment made to an employee by an employer under his contract of
employment, or by way of damages for breach of contract, in respect of any
normal pay period or part of any such period shall go towards discharging the
employer's liability in respect of that period under paragraph (2) and
conversely any payment under paragraph (2) in respect of any period shall go
towards discharging any liability of the employer under, or in respect of
breach of, the contract of employment in respect of that period.

(5) If an employee, on or after being dismissed by his employer, receives a
lump sum which, or part of which, is in lieu of wages but is not referable to
any normal pay period, the tribunal shall take the payment into account in
determining the amount of pay to be payable in pursuance of any such order.

(6) For the purposes of this Article the amount which an employee could
reasonably have been expected to earn, his normal pay period and the normal
pay day for each such period shall be determined as if he had not been
dismissed.

© 1976 Crown Copyright

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