OpenLegislation

Article 70 Employee representatives

Northern Ireland

(1)

An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that, being—

(a)

an employee representative for the purposes of Part XIII of this Order orF1regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006F2 or 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,

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

F3(1A)

An employee has the right not to be subjected to any detriment by any act, or by any deliberate failure to act, by his employer done on the ground of his participation 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 .

(2)

F6. . . this Article does not apply where the detriment in question amounts to a dismissal (within the meaning of Part XI).

Annotations

Textual amendments

F1

Words in art. 70(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(a) (with reg. 21(1), Sch. 1 para. 3)

F2

Words in art. 70(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(a)

F3

SR 1999/432

F4

Words in art. 70(1A) substituted (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 20(3), Sch. 2 para. 11(a) (with reg. 21(1), Sch. 1 para. 3)

F5

Words in art. 70(1A) 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(a)

F6

1999 NI 9

Notes on the whole Order

Textual amendments

F1

functions transfered SR 1999/481