Article 133 Trustees of occupational pension schemesX1

(1)

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, being a trustee of a relevant occupational pension scheme which relates to his employment, the employee performed (or proposed to perform) any functions as such a trustee.

F1(1A)

This Article applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).

(2)

In this Article “relevant occupational pension scheme” means an occupational pension scheme (as defined in section 1 of the 1993 c. 49. Pension Schemes (Northern Ireland) Act 1993) established under a trust.

Annotations

Textual amendments

F1: 1999 NI 11

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)}