UNITED KINGDOM STATUTORY INSTRUMENT
2019 No. 538
Exiting The European Union, Northern Ireland
Terms And Conditions Of Employment, Northern Ireland
The Employment Rights (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019
Made 4th March 2019
Coming into force in accordance with regulation 1(1)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018.
In accordance with paragraph 1 of Schedule 7 to the European Union (Withdrawal) Act 2018 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
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Citation, commencement and extentCitation, commencement and extent
1.—(1) These Regulations may be cited as the Employment Rights (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 and come into force on exit day.
(2) These Regulations extend to Northern Ireland only.
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Amendments to employment rights legislationAmendments to employment rights legislation
2. The Schedule (which amends employment rights legislation extending to Northern Ireland, and contains a saving provision) has effect.
Kelly Tolhurst
Minister for Small Business, Consumers and Corporate Responsibility
Department for Business, Energy and Industrial Strategy
4th March 2019
SCHEDULE
Regulation 2
AMENDMENTS TO EMPLOYMENT RIGHTS LEGISLATION EXTENDING TO NORTHERN IRELAND
PART 1
AMENDMENTS
1. The Employment Relations (Northern Ireland) Order 1999
In Article 37 of the Employment Relations (Northern Ireland) Order 1999(transfer of undertakings) for paragraphs (1) and (2) substitute—
“1 The Department may by regulations make TUPE-like provision in relation to the treatment of employees in circumstances other than those to which the main part of the TUPE regulations applies.
2 In this Article—
(a) the “main part of the TUPE regulations” means so much of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( S.I. 2006/246) as relates to the treatment of employees on the transfer of an undertaking, business or part of an undertaking or business;
(b) “TUPE-like provision” means provision which is the same or similar to that made by the main part of the TUPE regulations.
2A The circumstances mentioned in paragraph (1) include circumstances in which there is no transfer, or no transfer to which the main part of the TUPE...
