X1ReplacementsN.I.
138.—(1) Where this Article applies to an employee he shall be regarded for the purposes of Article 130(1)(b) as having been dismissed for a substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.
(2) This Article applies to an employee where—
(a)on engaging him the employer informs him in writing that his employment will be terminated on the resumption of work by another employee who is, or will be, absent wholly or partly because of pregnancy or childbirth,[F1 or on adoption leave] [F2[F3or shared parental leave] ,] and
(b)the employer dismisses him in order to make it possible to give work to the other employee.
(3) This Article also applies to an employee where—
(a)on engaging him the employer informs him in writing that his employment will be terminated on the end of a suspension of another employee from work on medical grounds or maternity grounds (within the meaning of Part VIII), and
(b)the employer dismisses him in order to make it possible to allow the resumption of work by the other employee.
(4) Paragraph (1) does not affect the operation of Article 130(4) in a case to which this Article applies.
Editorial Information
X1The 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
F2Words in art. 138(2)(a) inserted (1.10.2010) by Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), arts. 1(3), 13(1), Sch. 1 para. 41; S.R. 2010/295, art. 3(a)(d)
F3Words in art. 138(2)(a) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(17); S.R. 2015/86, art. 3(2)(d) (with art. 6(1))