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10.—(1) For paragraph (1) of Article 39 of the No. 1 Order (interim relief where employee alleges unfair dismissal for union membership or activities) there shall be substituted—
“(1) An employee who presents a complaint to an industrial tribunal under Article 29 alleging that the dismissal is to be regarded as unfair by virtue of Article 22A may apply to the tribunal for an order under the following provisions of this Article.”.
(2) In paragraph (3) of Article 39 for the words from “, at least” onwards there shall be substituted
“give at the appropriate time—
(a)to the employer; and
(b)in the case of an Article 38A request made at least three days before the date of the hearing, to the person to whom the request relates, a copy of the application and certificate (if any) together with notice of the date, time and place of the hearing.
(3A) In paragraph (3)—
“appropriate time” means—
in relation to sub-paragraph (a), not later than seven days before the date of the hearing;
in relation to sub-paragraph (b), as soon as reasonably practicable; and
“Article 38A request” means a request made under Article 38A(1) for the tribunal to direct a person to be joined as a party to the proceedings.”.
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