INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 35



35.(1) For the purposes of Part II of Schedule 2 as it applies for the
calculation of a week's pay for the purposes of Article 34 the calculation
date is, subject to paragraph (3), the date on which notice would have been
given by the employer had the conditions referred to in paragraph (2) been
fulfilled (whether those conditions were in fact fulfilled or not).

(2) Those conditions are that the contract was terminable by notice and was
terminated by the employer giving such notice as is required to terminate that
contract by section 1(1) of the Act of 1965 (minimum period of notice), and
that the notice expired on the effective date of termination.

(3) Where by virtue of Article 21(5) a date is to be treated as the effective
date of termination for the purposes of Article 34(3) which is later than the
effective date of termination as defined by Article 21(4) then, for the
purposes of Part II of Schedule 2 as it applies for the calculation of a
week's pay for the purposes of Article 34, the calculation date is the
effective date of termination as defined by the said Article 21(4).

(4) Notwithstanding anything in the said Part II, the amount of a week's pay
for the purpose of calculating a basic award shall not exceed [#130].

(5) Without prejudice to the generality of the power to make transitional
provision in an order under Article 70, such an order may provide that it
shall apply in the case of a dismissal in relation to which the effective date
of termination for the purposes of this paragraph (as defined by Article
21(5)) falls after the order comes into operation, notwithstanding that the
effective date of termination for the purposes of other provisions of this
Order (as defined by Article 21(4)) falls before the order comes into
operation.

(6) Where the tribunal finds that the dismissal was to any extent caused or
contributed to by any action of the complainant it shall, except in a case
where the dismissal was by reason of redundancy, reduce the amount of the
basic award by such proportion as it considers just and equitable having
regard to that finding.

(7) The amount of the basic award shall be reduced or, as the case may be, be
further reduced, by the amount of any redundancy payment awarded by the
tribunal under the Act of 1965 in respect of the same dismissal or of any
payment made by the employer to the employee on the ground that the dismissal
was by reason of redundancy, whether in pursuance of the Act of 1965 or
otherwise.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 35