PART IIIEMPLOYEE INVOLVEMENT

CHAPTER 8protection for members of the special negotiating body, etc.

Subsidiary provisions relating to unfair dismissal43

1

In Article 137 of the 1996 Order (redundancy as unfair dismissal) in paragraph (1)(c) (which requires one of a specified group of paragraphs to apply for a person to be treated as unfairly dismissed)10

a

for “(7D)” subsitute “(7E)”; and

b

after paragraph (7D) insert –

7E

This paragraph applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one specified in paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 (read with paragraphs (4) and (7) of that regulation).

2

In Article 14011 of the 1996 Order (exclusion of right: qualifying period of employment) in paragraph (3) (cases where no qualifying period of employment is required)12 –

a

omit the word “or” at the end of sub-paragraph (l); and

b

after sub-paragraph (m) insert –

or

n

paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 applies.

3

In Article 141 of the 1996 Order (exclusion of right: upper age limit) in paragraph (2) (cases where the upper age limit does not apply)13 –

a

omit the word “or” at the end of sub-paragraph (l); and

b

after sub-paragraph (m) insert –

or

n

paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 applies.