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The Industrial Relations (Northern Ireland) Order 1987

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Pressure to impose union membership or recognition requirements

15.—(1) Nothing in Article 64 of the No. 1 Order shall prevent an act being actionable in tort in any case where a person induces, or attempts to induce, another—

(a)to incorporate in a contract to which that other person is a party, or proposed contract to which that other person intends to be a party, any term or condition which is, or would be, void by virtue of Article 13(1) or 14(1); or

(b)to contravene Article 13(2) or 14(2); and the act constitutes, or is one of a number of acts which together constitute, the inducement or attempted inducement.

(2) Nothing in Article 64 of the No. 1 Order shall prevent an act which interferes with the supply (whether or not under a contract) of goods or services, or can reasonably be expected to have such an effect, being actionable in tort in any case where paragraph (3) is satisfied and one of the facts relied upon for the purpose of establishing liability is that any person has—

(a)induced another to break a contract of employment or interfered or induced another to interfere with its performance; or

(b)threatened that a contract of employment under which he or another is employed will be broken or its performance interfered with, or that he will induce another to break a contract of employment or to interfere with its performance.

(3) This paragraph is satisfied if—

(a)the reason, or one of the reasons, for doing the act is that work done or to be done in connection with the supply of the goods or services in question has been, or is likely to be, done by persons (other than persons employed by the relevant employer) who are not members of trade unions or of a particular trade union;

(b)the reason, or one of the reasons, for doing the act is that such work has been, or is likely to be, done by persons (other than persons employed by the relevant employer) who are members of trade unions or of a particular trade union; or

(c)the supplier of the goods or services in question is not the relevant employer and the reason, or one of the reasons, for doing the act is that the supplier does not, or is not likely to, recognise, negotiate or consult as mentioned in Article 14.

(4) In paragraph (3) “the relevant employer” means the employer under the contract of employment mentioned in paragraph (2).

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