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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 28

28.(1) The right to return to work of an employee who has been absent from
work wholly or partly because of pregnancy or confinement is, subject to the
following provisions of this Order, a right to return to work with her
original employer, or, where appropriate, his successor, at any time before
the end of the period of 29 weeks beginning with the week in which the date of
confinement falls, in the job in which she was employed under the original
contract of employment and on terms and conditions not less favourable than
those which would have been applicable to her if she had not been so absent.

(2) In paragraph (1)

(a)"job", in relation to an employee, means the nature of the work which she
is employed to do in accordance with her contract and the capacity and place
in which she is so employed; and

(b)"terms and conditions not less favourable than those which would have been
applicable to her if she had not been so absent" means, as regards seniority,
pension rights and other similar rights, that the period or periods of
employment prior to the employee's absence shall be regarded as continuous
with her employment following that absence.

(3) In Articles 15 and 29 to 31 and Schedule 2 "to return to work" means to
return to work in accordance with paragraph (1) and cognate expressions shall
be construed accordingly.

(4) If an employee is entitled to return to work in accordance with paragraph
(1), but it is not practicable by reason of redundancy for the employer to
permit her so to return to work, she shall be entitled, where there is a
suitable available vacancy, to be offered alternative employment with her
employer (or his successor), or an associated employer, under a new contract
of employment complying with paragraph (5).

(5) The new contract of employment must be such that

(a)the work to be done under the contract is of a kind which is both suitable
in relation to the employee and appropriate for her to do in the
circumstances; and

(b)the provisions of the new contract as to the capacity and place in which
she is to be employed and as to the other terms and conditions of her
employment are not substantially less favourable to her than if she had
returned to work in accordance with paragraph (1).

(6) The remedies of an employee for infringement of either of the rights
mentioned in this Article are those conferred by or by virtue of the
provisions of Articles 29 and 30 and Schedule 2.

© 1976 Crown Copyright

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