OpenLegislation

Regulation 26 Continuous employment and unfair dismissalI1C1

Northern Ireland

(1)

This regulation applies to a person in relation to whose dismissal an action is commenced which consists—

(a)

of the presentation by that person of a complaint under Article 145(1) of the Employment Rights (Northern Ireland) Order 1996f1;

(b)

of their making a claim in accordance with a dismissals procedure agreement designated by an order under Article 142 of that Orderf2;

(c)

of any action taken by a conciliation officer under Article 20 of the Industrial Tribunals (Northern Ireland) Order 1996f3; or

(d)

of a decision taken arising out of the use of a statutory dispute resolution procedure contained in Schedule 1 to the Employment (Northern Ireland) Order 2003 in a case where, in accordance with the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004, such a procedure applies.

(2)

If, in consequence of an action of the kind specified in paragraph (1), a person is reinstated or re-engaged by their employer or by a successor or associated employer of that employer, the continuity of their employment shall be preserved for the purposes of Part 12ZA of the Act, and any week which falls within the interval beginning with the effective date of termination and ending with the date of reinstatement or re-engagement, as the case may be, shall count in the computation of their period of continuous employment.

(3)

In this regulation—

  • “dismissal procedures agreement” and “successor” have the same meanings as in Article 2(3) of the Employment Rights (Northern Ireland) Order 1996; and

  • “associated employer” shall be construed in accordance with Article 4 of that Order.

Annotations

Modifications

C1

Regs. 24-31 applied (with modifications) (6.10.2010) by The Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2010 (S.R. 2010/298), regs. 1, 3(3) (with reg. 3(2))

Commencement

I1

Reg. 26 in operation at 3.10.2010, see reg. 1

Footnotes

f1

S.I. 1996/1919 (N.I. 16).

f2

Article 142 was amended by Article 13(1) to (3) and (5) of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)).

f3

S.I. 1996/1921 (N.I. 18). Article 20 was amended by S.I. 1997/869 (N.I. 6); 1998 c. 39; S.I. 1998/1265 (N.I. 8); S.R. 1998 No. 386; S.I. 1999/3323; S.R. 2000 No. 219; S.R. 2001 No. 37; S.R. 2001 No. 319; S.I. 2002/2836 (N.I. 2); S.R. 2002 No. 298; S.I. 2003/2902 (N.I. 15); S.I. 2003/3049; S.R. 2003 No. 497; S.I. 2004/1713; S.R. 2004 No. 55; S.R. 2004 No. 417; S.R. 2005 No. 47; S.I. 2006/2059; S.R. 2006 No. 48; S.R. 2006 No. 261; S.I. 2007/2974; 2008 c. 13 (N.I.); S.R. 2008 No. 315.