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The Employment Relations (Northern Ireland) Order 2004

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Extension of protection against detriment for union membership etc.N.I.

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12.—(1) Article 73 of the Employment Rights Order (action short of dismissal on grounds related to union membership or activities) is amended in accordance with paragraphs (2) to (5).

(2) For “An employee” in each of paragraphs (1) and (3), and “an employee” in each of paragraphs (2) and (4), substitute “ A worker ” and “ a worker ” respectively.

(3) In paragraph (2)—

(a)for “employee's” substitute “ worker's ”; and

(b)after “contract of employment” insert “ (or other contract personally to do work or perform services) ”.

(4) In paragraph (3), for “his contract of employment” substitute “ a contract of employment ”.

(5) For paragraph (6) substitute—

(6) This Article does not apply where—

(a)the worker is an employee; and

(b)the detriment in question amounts to dismissal.

(7) In this Chapter—

“worker” means an individual who works, or normally works as mentioned in paragraphs (a) to (c) of the definition of “worker” in Article 2(2) of the 1995 Order; and

“employer” means—

(a)in relation to a worker, the person for whom he works;

(b)in relation to a former worker, the person for whom he worked. .

(6) In the heading to Article 73 of the Employment Rights Order, and in the Chapter heading immediately preceding it, for “Action short of dismissal” substitute “ Detriment ”.

(7) In Article 74(1) of the Employment Rights Order, for “An employee” substitute “ A worker or former worker ”.

(8) In Article 247 of the Employment Rights Order after paragraph (2) insert—

(2A) The remedy of a person for infringement of the right conferred on him by Article 73 is by way of a complaint under Article 74 and not otherwise. .

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