[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 52

52.(1) Where an industrial tribunal has made a protective award under Article
51, every employee of a description to which the award relates shall be
entitled, subject to the following provisions of this Article, to be paid
remuneration by his employer for the protected period specified in the award.

(2) The rate of remuneration payable under a protective award shall be a
week's pay for each week of the protected period, and if remuneration falls to
be calculated for a period less than one week the amount of a week's pay shall
be reduced proportionately.

(3) Any payment made to an employee by an employer under his contract of
employment, or by way of damages for breach of that contract, in respect of a
period falling within a protected period, shall go towards discharging the
employer's liability to pay remuneration under the protective award in respect
of that first mentioned period, and conversely any payment of remuneration
under a protective award in respect of any period shall go towards discharging
any liability of the employer under, or in respect of breach of, the contract
of employment in respect of that period.

(4) In respect of a period during which he is employed by the employer an
employee shall not be entitled to remuneration under a protective award unless
he would be entitled to be paid by the employer in respect of that period,
either by virtue of his contract of employment or by virtue of Schedule 2 to
the Act of 1965 (rights of employee in period of notice), if that period fell
within the period of notice required to be given by section 1(1) of that Act.

(5) Where the employee is employed by the employer during the protected period
and

(a)he is fairly dismissed by his employer for a reason other than redundancy;
or

(b)he unreasonably terminates the contract of employment,

(6) If an employer makes an employee an offer (whether in writing or not and
whether before or after the ending of his employment under the previous
contract) to renew his contract of employment, or to re-engage him under a new
contract, so that the renewal or re-engagement would take effect before or
during the protected period and either

(a)the provisions of the contract as renewed, or of the new contract, as to
the capacity and place in which he would be employed, and as to the other
terms and conditions of his employment, would not differ from the
corresponding provisions of the previous contract; or

(b)the first mentioned provisions would differ from those corresponding
provisions, but the offer constitutes an offer of suitable employment in
relation to the employee;

(7) If, in a case to which paragraph (6) applies, the employee unreasonably
refuses that offer, then, he shall not be entitled to any remuneration under a
protective award in respect of any period during which but for that refusal he
would have been employed.

(8) If an employee's contract of employment is renewed, or he is re-engaged
under a new contract of employment, in pursuance of such an offer as is
referred to in paragraph (6)(b), there shall be a trial period in relation to
the contract as renewed, or the new contract (whether or not there has been a
previous trial period under this Article).

(9) The trial period shall begin with the ending of the employee's employment
under the previous contract and end with the expiration of the period of four
weeks beginning with the date on which the employee starts work under the
contract as renewed, or the new contract, or such longer period as may be
agreed in accordance with paragraph (10) for the purpose of retraining the
employee for employment under that contract.

(10) Any such agreement shall

(a)be made between the employer and the employee or his representative before
the employee starts work under the contract as renewed or, as the case may be,
the new contract;

(b)be in writing;

(c)specify the date of the end of the trial period; and

(d)specify the terms and conditions of employment which will apply in the
employee's case after the end of that period.

(11) If during the trial period

(a)the employee, for whatever reason, terminates the contract, or gives notice
to terminate it and the contract is thereafter, in consequence, terminated; or

(b)the employer, for a reason connected with or arising out of the change to
the renewed, or new, employment, terminates the contract, or gives notice to
terminate it and the contract is thereafter, in consequence, terminated,

© 1976 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/irio1976436/s1976.html