OpenLegislation

Article 160 Acts which are both unfair dismissal and discrimination

Northern Ireland

F1(1)

Where compensation falls to be awarded in respect of any act both under—

(a)

the provisions of this Order relating to unfair dismissal, and

(F2b)

any one or more of the following—

(i)

the Sex Discrimination (Northern Ireland) Order 1976;

(ii)

the Disability Discrimination Act 1995;

(iii)

the Race Relations (Northern Ireland) Order 1997;

(iv)

the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003;

(v)

the Employment Equality (Age) Regulations (Northern Ireland) 2006.

an industrial tribunal shall not award compensation under any one of thoseF3. . . OrdersF4 or Regulations in respect of any loss or other matter which is or has been taken into account under any other of them by the tribunal (or another industrial tribunal) in awarding compensation on the same or another complaint in respect of that act.

(2)

Where compensation falls to be awarded in respect of any act both under theF5 Fair Employment and Treatment (Northern Ireland) Order 1998 and under the provisions of this Order relating to unfair dismissal, an industrial tribunal shall not award compensation under this Order in respect of any loss or other matter which has been taken into account under the Fair Employment and Treatment (Northern Ireland) Order 1998 by the Fair Employment Tribunal for Northern Ireland in awarding compensation on a complaint in respect of that act.

Annotations

Textual amendments

F1

1997 NI 6

F2

Art. 160(1)(b) substituted (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 53(1), Sch. 7 para. 3(10) (with reg. 50)

F3

1998 NI 8

F4

SR 2003/497

F5

1998 NI 21

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)