PART XIN.I.UNFAIR DISMISSAL

Modifications etc. (not altering text)

C5Pt. 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 IN.I.RIGHT NOT TO BE UNFAIRLY DISMISSED

[F1Other Dismissals]N.I.

F1Arts. 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)}

[F2X1Working time casesN.I.

132A.—[F3(1)] 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.

[F3(2) A reference in this Article to the Working Time Regulations (Northern Ireland) 1998 includes a reference to

[F4(a)] the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.

[F4(b)the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 [F5; and

(c)the Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008.]]]]

Editorial Information

X1The insertion of the new arts. 130ZA-130ZH preceded by new "Retirement" crossheading and followed by new "Other Dismissals" crossheading on 1.10.2006 gives rise to a change in the structure of this Order on legislation.gov.uk which breaks the continuity of historical versions of the existing provisions which are brought under new "Other Dismissals" crossheading

F2SR 1998/386

F3SI 2003/3049

F4SI 2004/1713