OpenLegislation

Article 131 Leave for family reasonsX1F1

Northern Ireland

(1)

An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—

(a)

the reason or principal reason for the dismissal is of a prescribed kind, or

(b)

the dismissal takes place in prescribed circumstances.

(2)

In this Article “prescribed” means prescribed by regulations made by the Department.

(3)

A reason or set of circumstances prescribed under this Article must relate to—

(a)

pregnancy, childbirth or maternity,

(F2aa)

time off under Article 85ZE,

(F3ab)

time off under Article 85ZJ or 85ZL,

(b)

ordinary, compulsory or additional maternity leave,

(F4ba)

ordinary or additional adoption leave,

(F5bb)

shared parental leave,

(c)

parental leave,

(F6ca)

paternity leave,

(F7cb)

parental bereavement leave, or

(d)

time off under Article 85A;

and it may also relate to redundancy or other factors.

(4)

A reason or set of circumstances prescribed under paragraph (1) satisfies paragraph (3)(c) if it relates to action which an employee—

(a)

takes,

(b)

agrees to take, or

(c)

refuses to take,

under or in respect of a collective or workforce agreement which deals with parental leave.

(5)

Regulations under this Article may apply any statutory provision, in such circumstances as may be specified and subject to any conditions specified, in relation to persons regarded as unfairly dismissed by reason of this Article

Annotations

Textual amendments

F1

1999 NI 9

F2

Art. 131(3)(aa) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 15(5), 23(1); S.R. 2015/86, art. 3(1)(l)

F3

Art. 131(3)(ab) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 17(6), 23(1); S.R. 2015/86, art. 3(1)(n)

F4

2002 NI 2

F5

Art. 131(3)(bb) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(16)(a); S.R. 2015/86, art. 3(2)(d)

F6

Art. 131(3)(ca) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(16)(b); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

F7

Art. 131(3)(cb) inserted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 4, 5(5)(6), Sch. Pt. 1 para. 23; S.R. 2022/136, arts. 2, 3

Editorial notes

X1

The 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

Notes on the whole Order

Textual amendments

F1

functions transfered SR 1999/481

Notes on Part XI

Modifications

C1

Pt. 11 (arts. 126-169A) modified (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 2(3), 7, Sch. 1 paras. 4, 11 (with reg. 21(1), Sch. 1 para. 3)

C2

Pt. 11 (arts. 126-169A) modified (18.8.2006) by European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 2, 31, Sch. 3 paras. 10, 22

C3

Pt. 11 (arts. 126-169A) modified (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 51, Sch. 5 para. 13(5) (with reg. 50)

C4

Pt. 11 (arts. 126-169A) modified (15.12.2007) by Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 46(1), Sch. 2 paras. 7, 20

C5

Pt. 11 (arts. 126-169A) modified (1.10.2009) by European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402), reg. 29 (with reg. 39)

C6

Pt. 11 (arts. 126-169A) modified (5.12.2011) by Agency Workers Regulations (Northern Ireland) 2011 (S.R. 2011/350), reg. 17

C7

Pt. 11 modified (6.4.2022) by The Parental Bereavement Leave Regulations (Northern Ireland) 2022 (S.R. 2022/166), regs. 1, 13(1)

C8

Pt. 11 modified (3.10.2022) by The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/237), regs. 1, 13(1) (with regs. 16-21)

C9

Pt. 11 modified (2.4.2023) by The Parental Bereavement Leave Regulations (Northern Ireland) 2023 (S.R. 2023/55), regs. 1, 13(1) (with regs. 16-21)

C10

Pt. XI modified (29.9.2023) by The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/156), regs. 1, 13(1) (with regs. 16-21)

Notes on Other Dismissals

Textual amendments

F1

Arts. 130ZA-130ZH and crossheadings preceding and following said arts. inserted (1.10.2006) by The Employment Equality (Age) Regulations (Northern Ireland) (S.R. 2006/261), regs. 1(1), 53(1), {Sch. 7 para. 3(4)}