C1C2C3C4C5C6PART XIUNFAIR DISMISSAL

Annotations:
Modifications etc. (not altering text)
C5

Pt. 11 (arts. 126-169A) modified (1.10.2009) by European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402), reg. 29 (with reg. 39)

CHAPTER IRIGHT NOT TO BE UNFAIRLY DISMISSED

F2Other Dismissals

Annotations:
Amendments (Textual)
F2

Arts. 130ZA-130ZH and crossheadings preceding and following said arts. inserted (1.10.2006) by The Employment Equality (Age) Regulations (Northern Ireland) (S.R. 2006/261), regs. 1(1), 53(1), {Sch. 7 para. 3(4)}

F1X1Procedural fairness130A

1

An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—

a

one of the procedures set out in Part I of Schedule 1 to the Employment (Northern Ireland) Order 2003 (dismissal and disciplinary procedures) applies in relation to the dismissal,

b

the procedure has not been completed, and

c

the non-completion of the procedure is wholly or mainly attributable to failure by the employer to comply with its requirements.

2

Subject to paragraph (1), failure by an employer to follow a procedure in relation to the dismissal of an employee shall not be regarded for the purposes of Article 130(4)(a) as by itself making the employer's action unreasonable if he shows that he would have decided to dismiss the employee if he had followed the procedure.

3

For the purposes of this Article, any question as to the application of a procedure set out in Part I of Schedule 1 to the Employment (Northern Ireland) Order 2003, completion of such a procedure or failure to comply with the requirements of such a procedure shall be determined by reference to regulations under Article 17 of that Order.