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The Employment Rights (Northern Ireland) Order 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order (Northern Ireland) 2021
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Amendment of Article 72
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5. In Article 72 (remedies)—
(a)in paragraph (1), after “Article 71(1),” insert “(1YA),”;
(b)in paragraph (2), after “Subject to paragraphs” insert “(5ZA),”;
(c)after paragraph (5) insert—
“(5ZA) Where—
(a)the complaint is made under Article 71(1YA),
(b)the detriment to which the worker is subjected is the termination of the worker’s contract, and
(c)that contract is not a contract of employment,
any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 11 if the worker had been an employee and had been dismissed for the reason specified in Article 132.”.
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