[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 29

29.(1) An employee shall exercise her right to return to work by notifying the
employer (who may be her original employer or a successor of that employer) at
least one week before the day on which she proposes to return of her proposal
to return on that day (hereafter in this Article and Article 30 and Schedule 2
referred to as the "notified day of return").

(2) An employer may postpone an employee's return to work until a date not
more than four weeks after the notified day of return if he notifies her
before that day that for specified reasons he is postponing her return until
that date, and accordingly she will be entitled to return to work with him on
that date.

(3) Subject to paragraph (4), an employee may

(a)postpone her return to work until a date not exceeding four weeks from the
notified day of return, notwithstanding that that date falls after the end of
the period of 29 weeks mentioned in Article 28(1); and

(b)where no day of return has been notified to the employer, extend the time
during which she may exercise her right to return in accordance with paragraph
(1) so that she returns to work not later than four weeks from the expiration
of the said period of 29 weeks;

(4) Where an employee has once exercised a right of postponement or extension
under paragraph (3)(a) or (b), she shall not again be entitled to exercise a
right of postponement or extension under that paragraph in connection with the
same return to work.

(5) If an employee has notified a day of return but there is an interruption
of work (whether due to industrial action or some other reason) which renders
it unreasonable to expect the employee to return to work on the notified day
of return, she may instead return to work when work resumes after the
interruption or as soon as reasonably practicable thereafter.

(6) If no day of return has been notified and there is an interruption of work
(whether due to industrial action or some other reason) which renders it
unreasonable to expect the employee to return to work before the expiration of
the period of 29 weeks referred to in Article 28(1), or which appears likely
to have that effect, and in consequence the employee does not notify a day of
return, the employee may exercise her right to return in accordance with
paragraph (1) so that she returns to work at any time before the end of the
period of 14 days from the end of the interruption notwithstanding that she
returns to work outside the said period of 29 weeks.

(7) Where the employee has either

(a)exercised the right under paragraph (3)(b) to extend the period during
which she may exercise her right to return; or

(b)refrained from notifying the day of return in the circumstances described
in paragraph (6),

(8) Where

(a)an employee's return is postponed under paragraph (2) or (3)(a), or

(b)the employee returns to work on a day later than the notified day of return
in the circumstances described in paragraph (5),

© 1976 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/ir2io1976463/s1976.html