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The Information and Consultation of Employees Regulations (Northern Ireland) 2005

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This is the original version (as it was originally made).

Subsidiary provisions relating to unfair dismissal

This section has no associated Explanatory Memorandum

31.—(1) In Article 137 of the 1996 Order (redundancy as unfair dismissal) –

(a)in paragraph (1)(c) (which requires one of a specified group of paragraphs to apply for a person to be treated as unfairly dismissed)(1) for “(7E)” substitute “(7F)”; and

(b)after paragraph (7E) insert –

“(7F) This paragraph applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one specified in paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (read with paragraphs (4) and (7) of that regulation).”.

(2) In Article 140(2) of the 1996 Order (exclusion of right: qualifying period of employment) in paragraph (3) (cases where no qualifying period of employment is required)(3) –

(a)omit the word “or” at the end of sub-paragraph (m); and

(b)after paragraph (n) insert –

“or

(o)paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (read with paragraphs (4) and (7) of that regulation) applies.”.

(3) In Article 141 of the 1996 Order (exclusion of right: upper age limit) in paragraph (2) (cases where upper age limit does not apply)(4) –

(a)omit the word “or” at the end of sub-paragraph (m); and

(b)after sub-paragraph (n) insert –

“or

(o)paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (read with paragraphs (4) and (7) of that regulation) applies.”.

(1)

Article 137 has been amended on a number of occasions to specify additional circumstances in which an employee dismissed by reason of redundancy is to be regarded as unfairly dismissed

(2)

Article 140(1) was amended by S.R. 1999 No. 277 Article 3

(3)

Article 140(3) has been amended on a number of occasions to specify additional cases in which no qualifying period of employment is required

(4)

Article 141(2) has been amended on a number of occasions to specify additional cases where the upper age limit does not apply

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