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The Industrial Relations (Northern Ireland) Order 1993


This is the original version (as it was originally made).

Failure to permit to return treated as dismissal

30.  Where an employee has the right to return to work under Article 20 and has exercised it in accordance with Article 23 but is not permitted to return to work, then, subject to Article 31, she shall be treated for the purposes of—

(a)the provisions of the No. 1 Order relating to unfair dismissal; and

(b)the provisions of the Act of 1965 relating to redundancy,

as if she had been employed until the notified day of return, and, if she would not otherwise be so treated, as having been continuously employed until that day, and as if she had been dismissed with effect from that day for the reason for which she was not permitted to return.

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