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The Trade Union and Labour Relations (Northern Ireland) Order 1995

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Changes over time for: Cross Heading: Dismissal

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DismissalN.I.

161.—(1) For the purposes of Part XI of the Employment Rights Order (unfair dismissal) the dismissal of an employee shall be regarded as unfair if the dismissal was made—N.I.

(a)for a reason set out in sub-paragraph (2), or

(b)for reasons the main one of which is one of those set out in sub-paragraph (2).

(2) The reasons are that—

(a)the employee acted with a view to obtaining or preventing recognition of a union (or unions) by the employer under this Schedule;

(b)the employee indicated that he supported or did not support recognition of a union (or unions) by the employer under this Schedule;

(c)the employee acted with a view to securing or preventing the ending under this Schedule of bargaining arrangements;

(d)the employee indicated that he supported or did not support the ending under this Schedule of bargaining arrangements;

(e)the employee influenced or sought to influence the way in which votes were to be cast by other workers in a ballot arranged under this Schedule;

(f)the employee influenced or sought to influence other workers to vote or to abstain from voting in such a ballot;

(g)the employee voted in such a ballot;

(h)the employee proposed to do, failed to do, or proposed to decline to do, any of the things referred to in paragraphs (a) to (g).

(3) A reason does not fall within sub-paragraph (2) if it constitutes an unreasonable act or omission by the employee.

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