Modifications etc. (not altering text)
C1Pt. 11 (arts. 126-169A) modified (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 2(3), 7, Sch. 1 paras. 4, 11 (with reg. 21(1), Sch. 1 para. 3)
C2Pt. 11 (arts. 126-169A) modified (18.8.2006) by European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 2, 31, Sch. 3 paras. 10, 22
C3Pt. 11 (arts. 126-169A) modified (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 51, Sch. 5 para. 13(5) (with reg. 50)
C4Pt. 11 (arts. 126-169A) modified (15.12.2007) by Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 46(1), Sch. 2 paras. 7, 20
C5Pt. 11 (arts. 126-169A) modified (1.10.2009) by European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402), reg. 29 (with reg. 39)
C6Pt. 11 (arts. 126-169A) modified (5.12.2011) by Agency Workers Regulations (Northern Ireland) 2011 (S.R. 2011/350), reg. 17
C7Pt. 11 modified (6.4.2022) by The Parental Bereavement Leave Regulations (Northern Ireland) 2022 (S.R. 2022/166), regs. 1, 13(1)
C8Pt. 11 modified (3.10.2022) by The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/237), regs. 1, 13(1) (with regs. 16-21)
C9Pt. 11 modified (2.4.2023) by The Parental Bereavement Leave Regulations (Northern Ireland) 2023 (S.R. 2023/55), regs. 1, 13(1) (with regs. 16-21)
C10Pt. XI modified (29.9.2023) by The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/156), regs. 1, 13(1) (with regs. 16-21)
F1Arts. 130ZA-130ZH and crossheadings preceding and following said arts. inserted (1.10.2006) by The Employment Equality (Age) Regulations (Northern Ireland) (S.R. 2006/261), regs. 1(1), 53(1), {Sch. 7 para. 3(4)}
135D—(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—
(a)any action was taken, or was proposed to be taken, with a view to enforcing in favour of the employee a requirement to which this Article applies;
(b)the employer was prosecuted for an offence under section 45 of the Pensions (No. 2) Act (Northern Ireland) 2008 as a result of action taken for the purposes of enforcing in favour of the employee a requirement to which this Article applies; or
(c)any provision of Chapter 1 of that Part of that Act applies to the employee, or will or might apply.
(2) It is immaterial for the purposes of sub-paragraph (a) or (b) of paragraph (1)—
(a)whether or not the requirement applies in favour of the employee, or
(b)whether or not the requirement has been contravened,
but, for that paragraph to apply, the claim that the requirement applies and, if applicable, the claim that it has been contravened must be made in good faith.
(3) This Article applies to any requirement imposed on the employer by or under any provision of Chapter 1 of Part 1 of the Pensions (No. 2) Act (Northern Ireland) 2008.
(4) In this Article references to enforcing a requirement include references to securing its benefit in any way.]
F2Art. 135D inserted (30.6.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 57(2), 118(1) (with s. 73); S.R. 2012/266, art. 2(b), Sch. Pt. 2