C1C2C3C4C5C6 PART XIUNFAIR DISMISSAL

Annotations:
Modifications etc. (not altering text)
C5

Pt. 11 (arts. 126-169A) modified (1.10.2009) by European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402), reg. 29 (with reg. 39)

CHAPTER IRIGHT NOT TO BE UNFAIRLY DISMISSED

F3Other Dismissals

Annotations:
Amendments (Textual)
F3

Arts. 130ZA-130ZH and crossheadings preceding and following said arts. inserted (1.10.2006) by The Employment Equality (Age) Regulations (Northern Ireland) (S.R. 2006/261), regs. 1(1), 53(1), {Sch. 7 para. 3(4)}

X1F1Leave for family reasons131

1

An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—

a

the reason or principal reason for the dismissal is of a prescribed kind, or

b

the dismissal takes place in prescribed circumstances.

2

In this Article “prescribed” means prescribed by regulations made by the Department.

3

A reason or set of circumstances prescribed under this Article must relate to—

a

pregnancy, childbirth or maternity,

F4aa

time off under Article 85ZE,

F5ab

time off under Article 85ZJ or 85ZL,

b

ordinary, compulsory or additional maternity leave,

F2ba

ordinary or additional adoption leave,

F6bb

shared parental leave,

c

parental leave,

F7ca

paternity leave,

d

time off under Article 85A;

and it may also relate to redundancy or other factors.

4

A reason or set of circumstances prescribed under paragraph (1) satisfies paragraph (3)(c) if it relates to action which an employee—

a

takes,

b

agrees to take, or

c

refuses to take,

under or in respect of a collective or workforce agreement which deals with parental leave.

5

Regulations under this Article may apply any statutory provision, in such circumstances as may be specified and subject to any conditions specified, in relation to persons regarded as unfairly dismissed by reason of this Article