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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 41

41.(1) An employee who is given notice of dismissal by reason of redundancy
shall, subject to the following provisions of this Article, be entitled before
the expiration of his notice to be allowed by his employer reasonable time off
during the employee's working hours in order to look for new employment or
make arrangements for training for future employment.

(2) An employee shall not be entitled to time off under this Article unless,
on whichever is the later of the following dates, that is to say

(a)the date on which the notice is due to expire; or

(b)the date on which it would expire were it the notice required to be given
by section 1(1) of the Act of 1965 (minimum period of notice),

(3) An employee who is allowed time off during his working hours under
paragraph (1) shall, subject to the following provisions of this Article, be
entitled to be paid remuneration by his employer for the period of absence at
the appropriate hourly rate.

(4) The appropriate hourly rate in relation to an employee shall be the amount
of one week's pay divided by

(a)the number of normal working hours in a week for that employee when
employed under the contract of employment in force on the day when notice was
given; or

(b)where the number of such normal working hours differs from week to week or
over a longer period, the average number of such hours calculated by dividing
by 12 the total number of the employee's normal working hours during the
period of 12 weeks ending with the last complete week before the day on which
notice was given.

(5) For the purposes of Part II of Schedule 2 to the No. 1 Order as it applies
for the calculation of a week's pay for the purposes of this Article, the
calculation date is the day on which the employer's notice was given.

(6) In this Article, "week" in relation to an employee whose remuneration is
calculated weekly by a week ending with 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.

(7) If an employer unreasonably refuses to allow an employee time off from
work under this Article, the employee shall, subject to paragraph (11), be
entitled to be paid an amount equal to the remuneration to which he would have
been entitled under paragraph (3) if he had been allowed the time off.

(8) An employee may present a complaint to an industrial tribunal on the
ground that his employer has unreasonably refused to allow him time off under
this Article or has failed to pay the whole or any part of any amount to which
the employee is entitled under paragraph (3) or (7).

(9) An industrial tribunal shall not entertain a complaint under paragraph (8)
unless it is presented to the tribunal within the period of three months
beginning with the day on which it is alleged that the time off should have
been allowed, or within such further period as the tribunal considers
reasonable in a case where it is satisfied that it was not reasonably
practicable for the complaint to be presented within the period of three
months.

(10) If on a complaint under paragraph (8) the tribunal finds the grounds of
the complaint well-founded it shall make a declaration to that effect and
shall order the employer to pay to the employee the amount which it finds due
to him.

(11) The amount

(a)of an employer's liability to pay remuneration under paragraph (3); or

(b)which may be ordered by a tribunal to be paid by an employer under
paragraph (7),

(12) Subject to paragraph (13), a right to any amount under paragraph (3) or
(7) shall not affect any right of an employee in relation to remuneration
under the contract of employment (hereafter in this Article referred to as
"contractual remuneration").

(13) Any contractual remuneration paid to an employee in respect of a period
when he takes time off for the purposes referred to in paragraph (1) shall go
towards discharging any liability of the employer to pay remuneration under
paragraph (3) in respect of that period, and conversely any payment of
remuneration under paragraph (3) in respect of a period shall go towards
discharging any liability of the employer to pay contractual remuneration in
respect of that period.

© 1976 Crown Copyright

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