INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 39



39.(1) An employer shall permit an employee of his who is

(a)a justice of the peace;

(b)a member of a district council;

(c)a member of any statutory tribunal;

(d)a member of a Health and Social Services Board established under the Health
and Personal Social Services (Northern Ireland) Order 1972;

(e)a member of an Education and Library Board established under the Education
and Libraries (Northern Ireland) Order 1972; or

(f)a governor of the [Ulster Polytechnic] or a member of the managing or
governing body of any of the following (within the meaning of the Education
and Libraries (Northern Ireland) Order 1972), namely

(i)a grant aided school;

(ii)an institution of further education;

<(iii)an institution which is maintained in pursuance of arrangements made by the Department of Education under Article 55(1) of that Order of 1972, or in respect of which grants are paid by that Department under Article 55(2) of that Order,


(2) For the purposes of paragraph (1) the duties of a member of a body
referred to in sub-paragraphs (b) to (f) of that paragraph are:

(a)attendance at a meeting of the body or any of its committees or
sub-committees;

(b)the doing of any other thing approved by the body, or anything of a class
so approved, for the purpose of the discharge of the functions of the body or
of any of its committees or sub-committees.

(3) The amount of time off which an employee is to be permitted to take under
this Article and the occasions on which and any conditions subject to which
time off may be so taken are those that are reasonable in all the
circumstances having regard, in particular, to the following:

(a)how much time off is required for the performance of the duties of the
office or as a member of the body in question, and how much time off is
required for the performance of the particular duty;

(b)how much time off the employee has already been permitted under this
Article or Articles 37 and 38;

(c)the circumstances of the employer's business and the effect of the
employee's absence on the running of that business.

(4) The Department may by order

(a)modify the provisions of paragraph (1) by adding any office or body to, or
removing any office or body from, that paragraph or by altering the
description of any office or body in that paragraph; and

(b)modify the provisions of paragraph (2).

(5) An employee may present a complaint to an industrial tribunal that his
employer has failed to permit him to take time off as required by this
Article.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 39