PART 3SANCTIONS

Failures for which no reduction is applied29.

(1)

No reduction is to be made to be made in accordance with Article 8J of the Order for a sanctionable failure where—

(a)

the sanctionable failure is listed in Article 8J(2)(b) or (c) of the Order (failure to apply for a vacancy for paid work or failure to take up an offer of paid work) and the vacancy has arisen because of a strike arising from a trade dispute;

(b)

the sanctionable failure is listed in Article 8J(2)(d) of the Order (ceases paid work or loses pay) and the following circumstances apply

(i)

the claimant's work search and work availability requirements are subject to limitations under Articles 8D(4) and 8E(3) of the Order in respect of work available for a certain number of hours;

(ii)

the claimant takes up paid work that is for a greater number of hours; and

(iii)

the claimant voluntarily ceases that paid work, or loses pay, within a trial period;

(c)

the sanctionable failure is listed in Article 8J(3) of the Order (failures that occur before a claim is made) and the period of the reduction that would otherwise apply under regulation 20 is the same as or shorter than the number of days beginning with the day after the date of the sanctionable failure and ending with the day before the date of that claim;

(d)

the sanctionable failure is that the claimant voluntarily ceases paid work, or loses pay, because of a strike arising from a trade dispute;

(e)

the sanctionable failure is that the claimant voluntarily ceases paid work as a member of the regular forces or the reserve forces (within the meanings in section 374 of the Armed Forces Act 2006 M1, or loses pay in that capacity; or

(f)

the sanctionable failure is that the claimant voluntarily ceases paid work in one of the following circumstances—

(i)

the claimant has been dismissed because of redundancy after volunteering or agreeing to be dismissed;

(ii)

the claimant has ceased work on an agreed date without being dismissed in pursuance of an agreement relating to voluntary redundancy; or

(iii)

the claimant has been laid-off or kept on short-time to the extent specified in Article 183 of the Employment Rights (Northern Ireland) Order 1996 M2, and has complied with the requirements of that section.

(2)

In this regulation—

“redundancy” has the same meaning as in Article 174(1) of the Employment Rights (Northern Ireland) Order 1996;

“strike” has the same meaning as in Article 129 of the trade Union and Labour Relations (Northern Ireland) Order 1995 M3;

“trade dispute” has the same meaning as Article 127 of that Order.