It was my understanding that the statutory dismissal procedures do not apply when the employer is offering a new contract – Art 4(1)(a) of the Employment (NI) Order 2003 (Dispute Resolution) Regs. Could you clarify?

Posted in : First Tuesday Q&A NI on 2 March 2010
Arthur Cox
Arthur Cox
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In February’s FT, you may recall our response to a query on reducing an employee’s salary. One of the methods set out for bringing about the reduction (although admittedly not the preferred one) includes terminating the employee’s current contract and offering the new terms whilst ensuring a fair procedure is followed (including the statutory procedure). Whilst I agree that regulation 4(1)(a) of the 2004 Regulations does specifically state that the statutory dismissal procedures do not apply when the employer is offering a new contract, this exception only applies where “all the employees of a description or in a category to which the employee belongs are dismissed”… and re-engaged.

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

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