Article 135 Assertion of statutory rightX1

Northern Ireland

(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—

(a)

brought proceedings against the employer to enforce a right of his which is a relevant statutory right, or

(b)

alleged that the employer had infringed a right of his which is a relevant statutory right.

(2)

It is immaterial for the purposes of paragraph (1)—

(a)

whether or not the employee has the right, or

(b)

whether or not the right has been infringed;

but, for that paragraph to apply, the claim to the right and that it has been infringed must be made in good faith.

(3)

It is sufficient for paragraph (1) to apply that the employee, without specifying the right, made it reasonably clear to the employer what the right claimed to have been infringed was.

(4)

The following are relevant statutory rights for the purposes of this Article—

(a)

any right conferred by this OrderF1 or Schedule 2 to the Shops (Sunday Trading & c.) (Northern Ireland) Order 1997F2 or Schedule 8A to the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 for which the remedy for its infringement is by way of a complaint or reference to an industrial tribunal,

(b)

the right conferred by Article 118 of this Order,F3. . .

(c)

the rights conferred by Articles 35 and 60 of the Trade Union and Labour Relations Order (deductions from pay)F4. . .

F5(d)

the rights conferred by F6the Working Time Regulations (Northern Ireland) 2016 , F7F8the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 , the Merchant Shipping (Working Time: Inland Waterway) Regulations 2003 F9, the Fishing Vessels (Working Time: Sea-fisherman) Regulations 2004 or the Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008.F10, and

(e)

the rights conferred by the Transfer of Undertakings (Protection of Employment) Regulations 2006.

F11(5)

In this Article any reference to an employer includes, where the right in question is conferred by Article 91A, the principal (within the meaning of Article 91A(3)).

Annotations

Textual amendments

F1: 1997 NI 20
F2: 1985 NI 11 as inserted by 2004 NI 1
F3: SR 1998/386
F4: Word in art. 135(4)(c) omitted (6.4.2006) by virtue of Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 2(3), 19(a), Sch. 1 para. 11 (with reg. 21(1), Sch. 1 para. 3)
F5: SI 2004/1713
F6: Words in art. 135(4)(d) substituted (28.2.2016) by The Working Time Regulations (Northern Ireland) 2016 (S.R. 2016/49), regs. 1, 53(3)(c) (with reg. 22(1))
F7: Words in art. 135(4)(d) 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(4)
F8: Words in art. 135(4)(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(c) (with regs. 3, 4)
F9: Words in art. 135(4)(d) substituted (1.10.2008) by Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008 (S.R. 2008/315), reg. 19, Sch. 3 para. 2(4)
F10: Art. 135(4)(e) and preceding words inserted (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 2(3), 19(b), Sch. 1 para. 11 (with reg. 21(1), Sch. 1 para. 3)
F11: 1998 NI 15

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)}