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The Industrial Relations (Northern Ireland) Order 1993

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This is the original version (as it was originally made).

Suspension from work on maternity grounds

26.—(1) For the purposes of Articles 27 and 28 an employee is suspended on maternity grounds where, in consequence of—

(a)any requirement imposed by or under any relevant statutory provision; or

(b)any recommendation in any relevant provision of a code of practice issued or approved under Article 18 of the Health and Safety at Work (Northern Ireland) Order 1978,

she is suspended from work by her employer on the ground that she is pregnant, has recently given birth or is breastfeeding a child.

(2) For the purposes of this Article, Articles 27 and 28 and Article 32 an employee shall be regarded as suspended from work only if, and so long as, she continues to be employed by her employer, but is not provided with work or (disregarding alternative work for the purposes of Article 27) does not perform the work she normally performed before the suspension.

(3) For the purposes of paragraph (1) a provision is a “relevant” statutory provision or provision if it is for the time being specified as a relevant statutory provision or provision in an order made by the Department under this paragraph.

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