The Employment Rights (Northern Ireland) Order 1996

[F1 Working time cases N.I.

68A.— (1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker-

(a) refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of [F2 the 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,

(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,

(e) brought proceedings against the employer to enforce a right conferred on him by those Regulations, or

(f) alleged that the employer had infringed such a right.

(2) It is immaterial for the purposes of paragraph (1)(e) or (f)—

(a) whether or not the worker has the right, or

(b) whether or not the right has been infringed,

but, for those provisions 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)(f) to apply that the worker, without specifying the right, made it reasonably clear to the employer what the right claimed to have been infringed was.

(4) This Article does not apply where a worker is an employee and the detriment in question amounts to dismissal within the meaning of Part XIF3 . . . .

[F4 (5) A reference in this Article to [F5 the Working Time Regulations (Northern Ireland) 2016] includes a reference to

(a)] the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.

[F6 (b) the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 [F7 ; F8 ...

(c) the Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008[F9 ; and]

[F10 (d) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.]]]]

F1 SR 1998/386

F2 Words in art. 68A(1)(a) substituted (28.2.2016) by The Working Time Regulations (Northern Ireland) 2016 (S.R. 2016/49), regs. 1, 53(3)(a)(i) (with reg. 22(1))

F3 1999 NI 9

F4 SI 2003/3049

F5 Words in art. 68A(5) substituted (28.2.2016) by The Working Time Regulations (Northern Ireland) 2016 (S.R. 2016/49), regs. 1, 53(3)(a)(ii) (with reg. 22(1))

F6 SI 2004/1713

F7 Art. 68A(5)(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(2)

F8 Word in art. 68A(5)(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(2)(a)

F9 Word in art. 68A(5)(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(2)(b)

F10 Art. 68A(5)(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(a) (with regs. 3, 4)