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The Public Interest Disclosure (Northern Ireland) Order 1998

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Compensation for unfair dismissal

12.  (1)  In Article 146(4) of the 1996 Order (compensation for unfair dismissal) after “Articles 152 to 162A” there shall be inserted “or in accordance with regulations under Article 162B”.

(2) In Article 151 of that Order (enforcement of order for reinstatement or re-engagement)—

(a)in paragraph (2) after “Article 158” there shall be inserted “and to regulations under Article 162B”, and

(b)in paragraph (3) after “and (2)” there shall be inserted “and to regulations under Article 162B”.

(3) In Article 152 of that Order (general provisions as to unfair dismissal), at the beginning of paragraph (1) there shall be inserted “Subject to regulations under Article 162B,”.

(4) After Article 162A of the 1996 Order there shall be inserted—

Dismissal as a result of protected disclosure

162B.  (1)  This Article applies where the reason (or, if more than one, the principal reason)—

(a)in a redundancy case, for selecting the employee for dismissal, or

(b)otherwise, for the dismissal,

is that specified in Article 134A.

(2) The Department may by regulations provide that where this Article applies any award of compensation for unfair dismissal under Article 146(4), 151(1) or 151(3) shall, instead of being calculated in accordance with the provisions of Articles 151 to 162A, consist of one or more awards calculated in such manner as may be prescribed by the regulations.

(3) Regulations under this Article may, in particular, apply any of the provisions of Articles 151 to 162A with such modifications as may be specified in the regulations..

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