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The Employment Relations (Northern Ireland) Order 1999

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6.—(1) Article 110 (voting) shall be amended as follows.

(2) After paragraph (3) (voting paper must ask whether voter is prepared to take part in a strike or industrial action short of a strike) insert—

(3A) For the purposes of paragraph (3) an overtime ban and a call-out ban constitute industrial action short of a strike..

(3) At the end of the statement in paragraph (5) (statement that industrial action may be a breach of employment contract to be set out on every voting paper) insert—

  • However, if you are dismissed for taking part in strike or other industrial action which is called officially and is otherwise lawful, the dismissal will be unfair if it takes place fewer than eight weeks after you started taking part in the action, and depending on the circumstances may be unfair if it takes place later..

(4) In the definition of “strike” in Article 129 (interpretation) after “means” there shall be inserted “(except for the purposes of Article 110(3))”.

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