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126. A “minimum basic amount” shall apply where the arbitrator has found that the dismissal was unfair, and where the reason (or, if more than one, the principal reason):
(i)in a redundancy case (see paragraph 129(i) below), for selecting the employee for dismissal; or
(ii)otherwise, for the dismissal was one of the following:
(i)Health and safety cases
having been designated by the employer to carry out activities in connection with preventing or reducing risks to health and safety at work, the employee carried out (or proposed to carry out) any such activities;
(ii)being a representative of workers on matters of health and safety at work or member of a safety committee:
(a)in accordance with arrangements established under or by virtue of any statutory provision; or
(b)by reason of being acknowledged as such by the employer,
the employee performed (or proposed to perform) any functions as such a representative or a member of such a committee;
(iii)Working time cases
being:
(a)a representative of members of the workforce for the purposes of Schedule 1 to the Working Time Regulations Order (Northern Ireland) 1998(1) (as amended from time to time); or
(b)a candidate in an election in which any person elected will, on being elected, be such a representative,
the employee performed (or proposed to perform) any functions or activities as such a representative or candidate;
(iv)Trustees of occupational pension schemes
being a trustee of a relevant occupational pension scheme which relates to her/his employment, the employee performed (or proposed to perform) any functions as such a trustee;
(v)Employee representatives
being:
(a)an employee representative for the purposes of Part XIII of the Employment Rights (Northern Ireland) Order 1996 (redundancies) or regulations 10 and 11 of the Transfer of Undertakings (Protection of Employment) Regulations 1981(2) (as amended from time to time); or
(b)a candidate in an election in which any person elected will, on being elected, be such an employee representative,
the employee performed (or proposed to perform) any functions or activities as such an employee representative or candidate;
(vi)the employee took part in an election of employee representatives for the purposes of Part XIII of the Employment Rights (Northern Ireland) Order 1996 (redundancies) or regulations 10 and 11 of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (as amended from time to time);
(vii)Union membership or activities
the employee:
(a)was, or proposed to become, a member of an independent trade union; or
(b)had taken part, or proposed to take part, in the activities of an independent trade union at an appropriate time; or
(c)was not a member of any trade union, or of a particular trade union, or of one of a number of particular trade unions, or had refused, or proposed to refuse, to become or remain a member.
(viii)For the purposes of paragraphs (vii) above to (xi) below, in defining the terms “trade union” and “independent trade union”, the arbitrator shall have regard to Articles 2 and 3 of the Industrial Relations (Northern Ireland) Order 1992, (as amended from time to time).
(ix)For the purposes of paragraph (vii)(b) above, an “appropriate time” means:
(a)a time outside the employee’s working hours; or
(b)a time within her/his working hours at which, in accordance with arrangements agreed with or consent given by her/his employer, it is permissible for her/him to take part in the activities of a trade union;
and for this purpose “working hours”, in relation to an employee, means any time when, in accordance with her/his contract of employment, s/he is required to be at work.
(x)Where the reason, or one of the reasons, for the dismissal was:
(a)the employee’s refusal, or proposed refusal, to comply with a requirement (whether or not imposed by her/his contract of employment or in writing) that, in the event of her/his not being a member of any trade union, or of a particular trade union, or of one of a number of particular trade unions, s/he must make one or more payments; or
(b)her/his objection, or proposed objection, (however expressed) to the operation of a provision (whether or not forming part of her/his contract of employment or in writing) under which, in the event mentioned in paragraph (x)(a) above, her/his employer is entitled to deduct one or more sums from the remuneration payable to her/him in respect of her/his employment;
the reason shall be treated as falling within paragraph (vii)(c) above.
(xi)References in paragraphs (vii) to (x) above to being, becoming or ceasing to remain a member of a trade union include references to being, becoming or ceasing to remain a member of a particular branch or section of that union or of one of a number of particular branches or sections of that trade union; and references to taking part in the activities of a trade union shall be similarly construed.
(xii)Other categories
Where the reason or principal reason for the dismissal of the employee qualifies under any other applicable legislative provision for a minimum basic award.
S.R. 1998/386 as amended by S.R. 1998/422 and S.R. 2000/7
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