Paragraph 13 Detriment and dismissalI1

Northern Ireland

(1)

An employee has the right not to be subjected to any detriment by any act by his employer done on the ground that he exercised or sought to exercise his right to be accompanied in accordance with paragraph 9.

(2)

A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that he accompanied or sought to accompany an employee pursuant to a request under paragraph 9.

(3)

Article 71 of the 1996 Order^f1 (complaints to industrial tribunals) shall apply in relation to contraventions of sub-paragraph (1) or (2) as it applies in relation to contraventions of certain Articles of that Order.

(4)

Sub-paragraph (2) does not apply where the worker is an employee and the detriment in question amounts to dismissal (within the meaning of Part XI of the 1996 Order).

(5)

An employee who is dismissed shall be regarded for the purposes of Part XI of the 1996 Order as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he—

(a)

exercised or sought to exercise his right to be accompanied in accordance with paragraph 9; or

(b)

accompanied or sought to accompany an employee pursuant to a request under that paragraph.

(6)

Articles 163 to 167 of the 1996 Order (interim relief) shall apply in relation to dismissal for the reason specified in sub-paragraph (5)(a) or (b) as they apply in relation to dismissal for a reason specified in Article 163(1)(b) of that Order.

Annotations

Commencement

I1: Sch. 5 para. 13 in operation at 1.10.2006 in so far as not already in operation, see reg. 1(1)

Footnotes

f1: Article 71 was amended by regulation 31(2) of S.R. 1998 No. 386; paragraph 3 of the Schedule to the Employment Rights (Time off for Study or Training) (Northern Ireland) Order 1998 (S.I. 1998/1761 (N.I. 15)); Article 6 of the Public Interest Disclosure (Northern Ireland) Order 1998 (S.I. 1998/1763 (N.I. 17)); paragraph 4 of Schedule 4 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)); paragraph 4(8) of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)); paragraph 2(3) of Schedule 1 to the Tax Credit Act 2002 (c. 21); paragraph 2(3) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15)) and paragraph 20(2) of Schedule 1 to the Employment Relations (Northern Ireland) Order 2004 (S.I. 2004/3078 (N.I. 19))