The European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009

Subsidiary provisions relating to unfair dismissal

30.—(1) In Article 137 of the 1996 Order (redundancy as unfair dismissal) in paragraph (1)(c) (which requires one of paragraphs (2) to (7J) to apply for a person to be treated as unfairly dismissed)(1) for “(7J)” substitute “(7K)”.

(2) After paragraph (7J) of that Article insert—

“(7K) 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 29 of the European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I.2009/2402) (read with paragraphs (4) and (7) of that regulation).”.

(3) In Article 140 of the 1996 Order (exclusion of right: qualifying period of employment) in paragraph (3) (cases where no qualifying period of employment is required)(2) omit “or” immediately preceding sub-paragraph (q) and after that sub-paragraph insert—

“, or

(r) paragraph (1)(a) or (b) of regulation 29 of the European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I.2009/2402) applies,”.

(1)

Article 137 has been amended on a number of occasions to specify additional circumstances in which an employee dismissed by reason of redundancy is to be regarded as unfairly dismissed.

(2)

Article 140(3) has been amended on a number of occasions to specify additional cases in which no qualifying period of employment is required.