INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 14



14.(1) An employee shall be treated for the purposes of the No.1 Order as
unfairly dismissed if the reason or principal reason for her dismissal is that
she is pregnant or is any other reason connected with her pregnancy, except
one of the following reasons

(a)that at the effective date of termination she is or will have become,
because of her pregnancy, incapable of adequately doing the work which she is
employed to do;

(b)that, because of her pregnancy, she cannot or will not be able to continue
after that date to do that work without contravention (either by her or her
employer) of a duty or restriction imposed by or under any statutory
provision.

(2) An employee shall be treated for the purposes of the No. 1 Order as
unfairly dismissed if her employer dismisses her for a reason mentioned in
paragraph (1)(a) or (b), but neither he nor any successor of his, where there
is a suitable available vacancy, makes her an offer before or on the effective
date of termination to engage her under a new contract of employment complying
with paragraph (3).

(3) The new contract of employment must

(a)take effect immediately on the ending of employment under the previous
contract, or, where that employment ends on a Friday, Saturday or Sunday, on
or before the next Monday after that Friday, Saturday or Sunday;

(b)be such that 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

(c)be such that 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 the
corresponding provisions of the previous contract.

(4) On a complaint of unfair dismissal on the ground of failure to offer to
engage an employee as mentioned in paragraph (2), it shall be for the employer
to show that he or a successor made an offer to engage her in compliance with
paragraphs (2) and (3) or, as the case may be, that there was no suitable
available vacancy for her.

(5) Article 21(3) of the No. 1 Order (employee treated as dismissed where he
gives notice to the employer within the period of the employer's notice) shall
not apply in a case where an employer gives notice to an employee to terminate
her contract of employment for a reason mentioned in paragraph (1)(a) or (b).

(6) In Article 25 of the No. 1 Order (exclusion of certain fixed term
contracts) as it applies to an employee treated as unfairly dismissed by
virtue of paragraph (1) or (2), for the reference to the coming into operation
of that Article there shall be substituted a reference to the coming into
operation of this Article.

(7) Article 26(3) of the No. 1 Order (exclusion of right not to be unfairly
dismissed and remedy for breach of that right where a dismissal procedures
agreement is in force) shall not apply to the right not to be unfairly
dismissed for any reason mentioned in paragraph (1) or (2).

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 14