No 163 The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Amendment) Regulations (Northern Ireland) 2011
These Regulations amend the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“the TUPE Regulations”), insofar as those Regulations apply to Northern Ireland, to take account of changes made by the Employment Act (Northern Ireland) 2011 (c. 13 (N.I.)).
These Regulations also make corresponding amendments to the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (“the Service Provision Change Regulations”).
The Employment Act (Northern Ireland) 2011 makes changes to the statutory arrangements concerning the resolution of disputes arising in the workplace. The Act repeals the statutory procedure for resolving disputes insofar as it applied to grievances, providing instead for the Labour Relations Agency to issue a Code of Practice relating exclusively or primarily to procedure for the resolution of disputes. Arrangements in respect of disciplinary processes remain substantively unchanged.
Regulation 11 of the TUPE Regulations, as modified for the purposes of application to Northern Ireland by paragraph 10(2) of Schedule 1 to those regulations, requires the notification of disciplinary or grievance procedures taken against or by an employee in circumstances where the statutory dispute resolution procedures apply. Regulation 11 of the Service Provision Change Regulations sets out a like requirement.
Regulation 2 of these regulations amends paragraph 10(2) of Schedule 1 to the TUPE Regulations so that, insofar as they apply to Northern Ireland, they reflect the new arrangements relating to grievances where a relevant Code of Practice applies. The amendment also provides for the continuation of existing arrangements with respect to disciplinary situations. Regulation 3 amends regulation 11 of the Service Provision Change Regulations to the same effect. The Service Provision Change Regulations apply only to Northern Ireland.