11. For regulation 32 there shall be substituted the following regulation—U.K.
32.—(1) In Article 137 of the Employment Rights (Northern Ireland) Order 1996 M1—
(a)in paragraph (1)(c) (which requires one of a specified group of paragraphs to apply for a person to be treated as unfairly dismissed) for “7F” substitute “ 7G ”; and
(b)after paragraph (7F) insert—
“(7G) This paragraph applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one specified in paragraph (3) or (6) of regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (read with paragraphs (4) and (7) of that regulation)”.
(2) In Article 140 of that Order M2 (exclusion of right: qualifying period of employment) in paragraph (3) (cases where no qualifying period of employment is required)—
(a)omit the word “or” at the end of sub-paragraph (n); and
(b)after sub-paragraph (o) insert—
“or
(p)paragraph (3) or (6) of regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 applies”.
(3) In Article 141 of that Order M3 (exclusion of right: upper age limit) in paragraph (2) (cases where upper age limit does not apply)—
(a)omit the word “or” at the end of sub-paragraph (n); and
(b)after sub-paragraph (o) insert—
“or
(p)paragraph (3) or (6) of regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 applies”.”.
Marginal Citations
M1S.I. 1996/1919 (NI 16). Article 137 has been amended on a number of occasions to specify additional circumstances in which the employee dismissed by reason of redundancy is to be regarded as unfairly dismissed.
M2Article 140(1) was amended by S.R. 1999 No. 277. Article 140(3) has been amended on a number of occasions to specify additional cases in which no qualifying period of employment is required.
M3Article 141(2) has been amended on a number of occasions to specify additional cases where the upper age limit does not apply.