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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 34

34.(1) The amount of the basic award shall be the amount calculated in
accordance with paragraphs (3) to (7) and Article 35(1) to (5), subject to the
following provisions of this Order namely

(a)paragraph (2) (which provides for an award of two weeks' pay in certain
cases);

(b)Article 35(6) (which provides for the amount of the award to be reduced
where the employee contributed to the dismissal);

(c)Article 35(7) (which provides for the amount of the award to be reduced
where the employee received a payment in respect of redundancy); and

(d)Article 38 (which prohibits double compensation where compensation in
respect of the same matter is also awarded under certain other statutory
provisions).

(2) In the following cases the amount of the basic award shall be two weeks'
pay:

(a)where the tribunal finds that the reason or principal reason for the
dismissal of the employee was that he was redundant and the employee

(i)by virtue of section 12(5) or (6) of the Act of 1965 (unreasonable refusal
or relinquishment of suitable alternative employment) is not, or if he were
otherwise entitled would not be, entitled to a redundancy payment; or

(ii)by virtue of the operation of section 13(3) of that Act (renewal of
employment or re-engagement) is not treated as dismissed for the purposes of
Part II of that Act;

(b)where the amount calculated in accordance with paragraphs (3) to (7) and
Article 35(1) to (6) is less than the amount of two weeks' pay.

(3) The amount of the basic award shall be calculated by reference to the
period, ending with the effective date of termination, during which the
employee has been continuously employed, by starting at the end of that period
and reckoning backwards the numbers of years of employment falling within that
period, and allowing

(a)one and a half weeks' pay for each such year of employment which consists
wholly of weeks in which the employee was not below the age of 41;

(b)one week's pay for each such year of employment which consists wholly of
weeks in which the employee was below the age of 41 and was not below the age
of 22; and

(c)half a week's pay for each such year of employment which consists wholly of
weeks in which the employee was below the age of 22 and was not below the age
of 18.

(4) In ascertaining for the purpose of paragraph (3) the period for which an
employee has been continuously employed, where the effective date of
termination falls to be determined in accordance with Article 21(5) a period
falling within such an interval as is referred to in Article 68(2) shall count
as a period of employment notwithstanding that it does not count under
Schedule 1 to the Act of 1965 (computation of period of employment).

(5) Where in reckoning the number of years of employment in accordance with
paragraph (3) 20 years of employment have been reckoned no account shall be
taken of any year of employment earlier than those 20 years.

(6) Where in the case of an employee the effective date of termination is
after the specified anniversary the amount of the basic award calculated in
accordance with paragraphs (3) to (5) shall be reduced by the appropriate
fraction.

(7) In paragraph (6) "the specified anniversary" in relation to a man means
the 64th anniversary of the day of his birth, and in relation to a woman means
the 59th anniversary of the day of her birth, and "the appropriate fraction"
means the fraction of which

(a)the numerator is the number of whole months reckoned from the specified
anniversary in the period beginning with that anniversary and ending with the
effective date of termination; and

(b)the denominator is 12.

© 1976 Crown Copyright

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