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PART VIN.I.PROTECTION FROM SUFFERING DETRIMENT ETC. IN EMPLOYMENT

CHAPTER IIN.I.[F1DETRIMENT]

Consideration of complaintN.I.

75.—(1) On a complaint under Article 74 it shall be for the employer to show[F2 what was the sole or main purpose] for which[F3 he acted or failed to act].

(2) In determining any question whether[F3 the employer acted or failed to act, or the purpose for which he did so], no account shall be taken of any pressure which was exercised on him by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so; and that question shall be determined as if no such pressure had been exercised.

Paras. (3)-(5) rep. by 2004 NI 19