OpenLegislation

Article 132A Working time casesX1F1

Northern Ireland

(F21)

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

(a)

refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of F3the Working Time Regulations (Northern Ireland) 2016 ,

(b)

refused (or proposed to refuse) to forgo a right conferred on him by those Regulations,

(c)

failed to sign a workforce agreement for the purposes of those Regulations, or to enter into, or agree to vary or extend, any other agreement with his employer which is provided for in those Regulations, or

(d)

being—

(i)

a representative of members of the workforce for the purposes of Schedule 1 to those Regulations, or

(ii)

a candidate in an election in which any person elected will, on being elected, be such a representative,

performed (or proposed to perform) any functions or activities as such a representative or candidate.

(2)

A reference in this Article to F4the Working Time Regulations (Northern Ireland) 2016 includes a reference to

(F5a)

the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.

(b)

the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 F6; F7...

(c)

the Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008F8; and

(F9d)

the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.

Annotations

Textual amendments

F1

SR 1998/386

F2

SI 2003/3049

F3

Words in art. 132A(1)(a) substituted (28.2.2016) by The Working Time Regulations (Northern Ireland) 2016 (S.R. 2016/49), regs. 1, 53(3)(b)(i) (with reg. 22(1))

F4

Words in art. 132A(2) substituted (28.2.2016) by The Working Time Regulations (Northern Ireland) 2016 (S.R. 2016/49), regs. 1, 53(3)(b)(ii) (with reg. 22(1))

F5

SI 2004/1713

F6

Art. 132A(2)(c) and preceding word inserted (1.10.2008) by Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008 (S.R. 2008/315), reg. 19, Sch. 3 para. 2(3)

F7

Word in art. 132A(2)(b) omitted (17.3.2014) by virtue of The Merchant Shipping (Maritime Labour Convention) (Hours of Work) (Amendment) Regulations 2014 (S.I. 2014/308), reg. 1(2), Sch. para. 3(3)(a)

F8

Word in art. 132A(2)(c) inserted (17.3.2014) by The Merchant Shipping (Maritime Labour Convention) (Hours of Work) (Amendment) Regulations 2014 (S.I. 2014/308), reg. 1(2), Sch. para. 3(3)(b)

F9

Art. 132A(2)(d) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58), reg. 1, Sch. 2 para. 3(b) (with regs. 3, 4)

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)}