Article 134 Employee representativesX1

F1(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 the employee, being—

(a)

an employee representative for the purposes of Part XIII of this Order orF2regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006F3or regulations 9, 13 and 15 of the Service Provision Change (Protection of Employment) Regulations 2006, or

(b)

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

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

(2)

An employee who is dismissed shall be reguarded 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 took part in an election of employee representatives for the purposes of Part XIII of this Order or F4regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006F5or regulations 9, 13 and 15 of the Service Provision Change (Protection of Employment) Regulations 2006.

Annotations

Textual amendments

F1: SR 1999/432
F2: Words in art. 134(1)(a) substituted (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 20(3), Sch. 2 para. 11(c) (with reg. 21(1), Sch. 1 para. 3)
F3: Words in art. 134(1)(a) inserted (6.4.2006) by Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), reg. 20(1), Sch. 1 para. 2(c)
F4: Words in art. 134(2) substituted (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 20(3), Sch. 2 para. 11(c) (with reg. 21(1), Sch. 1 para. 3)
F5: Words in art. 134(2) inserted (6.4.2006) by Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), reg. 20(1), Sch. 1 para. 2(c)

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)}