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Explanatory Memorandum to Employment Relations (Northern Ireland) Order 2004

Extension of protection against detriment for union membership etc.

Article 12 Article 73 of the 1996 Order (action short of dismissal on grounds related to union membership or activities) currently confers rights not to be subjected to detriment on these grounds only on employees, that is to say, individuals who are working under a contract of employment or, where the employment has ceased, were doing so. The effect of Article 12 is to extend the rights conferred by Article 73 to “workers” as defined in Article 2(2) of the 1995 Order, and former workers.

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