The Employment Rights (Northern Ireland) Order 1996

X1Employee representativesN.I.

134.—[F1(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, being—

(a)an employee representative for the purposes of Part XIII of this Order or[F2regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006][F3or regulations 9, 13 and 15 of the Service Provision Change (Protection of Employment) Regulations 2006], or

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

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

[F1(2) An employee who is dismissed shall be reguarded 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 took part in an election of employee representatives for the purposes of Part XIII of this Order or [F4regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006][F5or regulations 9, 13 and 15 of the Service Provision Change (Protection of Employment) Regulations 2006].]

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

F1SR 1999/432