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The Employment Rights (Northern Ireland) Order 1996

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Changes over time for: Section 130B

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Changes to legislation:

The Employment Rights (Northern Ireland) Order 1996, Section 130B is up to date with all changes known to be in force on or before 27 February 2025. 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. Help about Changes to Legislation

X1[F1Jury serviceN.I.

130B.(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)has been summoned under the Juries (Northern Ireland) Order [F21996] or the Coroners Act (Northern Ireland) 1959 (c.15) to attend for service as a juror, or

(b)has been absent from work because he attended at any place in pursuance of being so summoned.

(2) Paragraph (1) does not apply in relation to an employee who is dismissed if the employer shows—

(a)that the circumstances were such that the employee's absence in pursuance of being so summoned was likely to cause substantial injury to the employer's undertaking,

(b)that the employer brought those circumstances to the attention of the employee,

(c)that the employee refused or failed to apply to be excused from attending in pursuance of being so summoned, and

(d)that the refusal or failure was not reasonable]

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

F2Word in art. 130B(1)(a) substituted (3.8.2010) by Employment Act (Northern Ireland) 2010 (c. 12), ss. 7(1), 8(2), Sch. 1 para. 6(2)

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