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This is the original version (as it was originally made).

Dismissal on ground of pregnancy or childbirth

29.  An employee shall be treated for the purposes of the No. 1 Order as unfairly dismissed if—

(a)the reason (or, if there is more than one, the principal reason) for her dismissal is that she is pregnant or any other reason connected with her pregnancy;

(b)her maternity leave period is ended by the dismissal and the reason (or, if there is more than one, the principal reason) for her dismissal is that she has given birth to a child or any other reason connected with her having given birth to a child;

(c)the reason (or, if there is more than one, the principal reason) for her dismissal, where her contract of employment was terminated after the end of her maternity leave period, is that she took, or availed herself of the benefits of, maternity leave;

(d)the reason (or, if there is more than one, the principal reason) for her dismissal, where—

(i)before the end of her maternity leave period, she gave to her employer a certificate from a registered medical practitioner stating that by reason of disease or bodily or mental disablement she would be incapable of work after the end of that period; and

(ii)her contract of employment was terminated within the four week period following the end of her maternity leave period in circumstances where she continued to be incapable of work and the certificate relating to her incapacity remained current,

is that she has given birth to a child or any other reason connected with her having given birth to a child;

(e)the reason (or, if there is more than one, the principal reason) for her dismissal is a requirement or recommendation such as is referred to in Article 26(1); or

(f)her maternity leave period is ended by the dismissal, and the reason (or, if there is more than one, the principal reason) for her dismissal is that she is redundant and Article 19 has not been complied with.

For the purposes of paragraph (c) a woman “takes maternity leave” if she is absent from work during her maternity leave period and a woman “avails herself of the benefits of maternity leave” if, during her maternity leave period, she avails herself of the benefit of any of the terms and conditions of her employment preserved by Article 14 during that period.

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