- Latest available (Revised)
- Original (As made)
The Employment Rights (Northern Ireland) Order 1996, Section 135 is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
135.—(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 Order[F1 or Schedule 2 to the Shops (Sunday Trading & c.) (Northern Ireland) Order 1997][F2 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] , [F7[F8the 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)).]
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
F21985 NI 11 as inserted by 2004 NI 1
F3SR 1998/386
F4Word 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)
F5SI 2004/1713
F6Words 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))
F7Words 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)
F8Words 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)
F9Words 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)
F10Art. 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)
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.