Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002

Extract

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Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002

Statutory Rules of Northern Ireland

EMPLOYMENT

Made

24 th September 2002

Approved by resolution of the Assembly

23 rd September 2002

Coming into operation

1 st October 2002

The Department for Employment and Learning(1) , in exercise of the powers conferred by section 46 of the Employment Act 2002(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:

PART IGENERAL AND INTERPRETATION

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 and shall come into operation on 1 st October 2002.

(2) In these Regulations –

“the 1996 Order” means the Employment Rights (Northern Ireland) Order 1996(3);

“collective agreement” means a collective agreement within the meaning of Article 2(2) of the Industrial Relations (Northern Ireland) Order 1992(4);

“contract of employment” means a contract of service or of apprenticeship, whether express or implied, and (if it is express) whether oral or in writing;

“employee” means an individual who has entered into or works under or where the employment has ceased, worked under a contract of employment;

“employer”, in relation to any employee, means the person by whom the employee is or where the employment has ceased, was employed;

“fixed-term contract” means a contract of employment that, under its provisions determining how it will terminate in the normal course, will terminate –

on the expiry of a specific term,

on the completion of a particular task, or

on the occurrence or non-occurrence of any other specific event other than the attainment by the employee of any normal bona fide retiring age in the establishment for an employee holding the position held by him,

and any reference to “fixed-term” shall be construed accordingly;

“fixed-term employee” means an employee who is employed under a fixed-term contract;

“permanent employee” means an employee who is not employed under a fixed-te...

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