X1[F1Working time casesN.I.
132A.—[F2(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)refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of [F3the Working Time Regulations (Northern Ireland) 2016] ,
(b)refused (or proposed to refuse) to forgo a right conferred on him by those Regulations,
(c)failed to sign a workforce agreement for the purposes of those Regulations, or to enter into, or agree to vary or extend, any other agreement with his employer which is provided for in those Regulations, or
(d)being—
(i)a representative of members of the workforce for the purposes of Schedule 1 to those Regulations, or
(ii)a candidate in an election in which any person elected will, on being elected, be such a representative,
performed (or proposed to perform) any functions or activities as such a representative or candidate.
[F2(2) A reference in this Article to [F4the Working Time Regulations (Northern Ireland) 2016] includes a reference to
[F5(a)] the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.
[F5(b)the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 [F6; F7...
(c)the Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008[F8; and]
[F9(d)the Merchant Shipping (Hours of Work) Regulations 2002.]]]]]
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
F1SR 1998/386
F2SI 2003/3049
F3Words in art. 132A(1)(a) substituted (28.2.2016) by The Working Time Regulations (Northern Ireland) 2016 (S.R. 2016/49), regs. 1, 53(3)(b)(i) (with reg. 22(1))
F4Words in art. 132A(2) substituted (28.2.2016) by The Working Time Regulations (Northern Ireland) 2016 (S.R. 2016/49), regs. 1, 53(3)(b)(ii) (with reg. 22(1))
F5SI 2004/1713
F6Art. 132A(2)(c) and preceding word inserted (1.10.2008) by Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008 (S.R. 2008/315), reg. 19, Sch. 3 para. 2(3)
F7Word in art. 132A(2)(b) omitted (17.3.2014) by virtue of The Merchant Shipping (Maritime Labour Convention) (Hours of Work) (Amendment) Regulations 2014 (S.I. 2014/308), reg. 1(2), Sch. para. 3(3)(a)
F8Word in art. 132A(2)(c) 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(3)(b)
F9Art. 132A(2)(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(3)(c)