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

Fairness

F1X1Working time cases132A

F2F31

An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

a

refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of the Working Time Regulations (Northern Ireland) 1998,

b

refused (or proposed to refuse) to forgo a right conferred on him by those Regulations,

c

failed to sign a workforce agreement for the purposes of those Regulations, or to enter into, or agree to vary or extend, any other agreement with his employer which is provided for in those Regulations, or

d

being—

i

a representative of members of the workforce for the purposes of Schedule 1 to those Regulations, or

ii

a candidate in an election in which any person elected will, on being elected, be such a representative,

performed (or proposed to perform) any functions or activities as such a representative or candidate.

2

A reference in this Article to the Working Time Regulations (Northern Ireland) 1998 includes a reference to

a

the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.

F4b

the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.