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The Employment Relations (Northern Ireland) Order 1999
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The Employment Relations (Northern Ireland) Order 1999, Section 14 is up to date with all changes known to be in force on or before 05 April 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- art. 37(1)-(2A) substituted by S.I. 2019/538 Sch. para. 1
Detriment and dismissalN.I.
14.—(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that he—
(a)exercised or sought to exercise the right under Article[F1 12(2A), (2B)] or (4), or
(b)accompanied or sought to accompany another worker (whether of the same employer or not) pursuant to a request under that Article.
(2) Article 71 of the Employment Rights Order shall apply in relation to contraventions of paragraph (1) as it applies in relation to contraventions of certain Articles of that Order.
(3) A worker who is dismissed shall be regarded for the purposes of Part XI of the Employment Rights Order as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he—
(a)exercised or sought to exercise the right under Article[F1 12(2A), (2B)] or (4), or
(b)accompanied or sought to accompany another worker (whether of the same employer or not) pursuant to a request under that Article.
(4) Articles 140 and 141 of that Order (qualifying period of employment and upper age limit) shall not apply in relation to paragraph (3).
(5) Articles 163 to 167 of that Order (interim relief) shall apply in relation to dismissal for the reason specified in paragraph (3)(a) or (b) as they apply in relation to dismissal for a reason specified in Article 163(1)(b) of that Order.
(6) In the application of Chapter II of Part XI of that Order in relation to paragraph (3), a reference to an employee shall be taken as a reference to a worker.
[F1(7) References in this Article to a worker having accompanied or sought to accompany another worker include references to his having exercised or sought to exercise any of the powers conferred by Article 12(2A) or (2B).]
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