The Industrial Relations (Northern Ireland) Order 1993

Dismissal of replacement

32.—(1) Where an employer—

(a) on engaging an employee informs the employee in writing that his employment will be terminated on the resumption of work by another employee who is, or will be, absent wholly or partly because of pregnancy or childbirth; and

(b) dismisses the first-mentioned employee in order to make it possible to give work to the other employee,

then, for the purposes of Article 22(1)(b) of the No. 1 Order, but without prejudice to the application of Article 22(3) of that Order, the dismissal shall be regarded as having been for a substantial reason of a kind such as to justify the dismissal of an employee holding the position which that employee held.

(2) Where an employer—

(a) on engaging an employee informs the employee in writing that his employment will be terminated on the end of a suspension such as is referred to in Article 26 of another employee; and

(b) dismisses the first-mentioned employee in order to make it possible to allow the resumption of work by the other employee,

then, for the purposes of Article 22(1)(b) of the No. 1 Order, but without prejudice to the application of Article 22(3) of that Order, the dismissal shall be regarded as having been for a substantial reason of a kind such as to justify the dismissal of an employee holding the position which that employee held.