INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 23



23.(1) The provisions of this Article shall have effect in relation to an
employee who claims that he has been unfairly dismissed by his employer where
at the date of dismissal

(a)the employer was conducting or instituting a lock-out; or

(b)the employee was taking part in a strike or other industrial action.

(2) In such a case an industrial tribunal shall not determine whether the
dismissal was fair or unfair unless it is shown

(a)that one or more relevant employees of the same employer have not been
dismissed, or

(b)that one or more such employees have been offered re-engagement, and that
the employee concerned has not been offered re-engagement.

(3) Where it is shown that the condition referred to in paragraph (2)(b) is
fulfilled, the provisions of Article 22 [and of Article 14 of the No. 2 Order]
shall have effect as if in [those Articles] for any reference to the reason or
principal reason for which the employee was dismissed there were substituted a
reference to the reason or principal reason for which he has not been offered
re-engagement.

(4) Article 59(5) shall apply in relation to a complaint to which paragraph
(3) applies as if for references to the effective date of termination there
were substituted a reference to the first date on which any relevant employee
was offered re-engagement.

(5) In this Article

(a)"date of dismissal" means

(i)where the employee's contract of employment was terminated by notice, the
date on which the employer's notice was given, and

(ii)in any other case, the effective date of termination;

(b)"relevant employees" means

(i)in relation to a lock-out, employees who were directly interested in the
trade dispute in contemplation or furtherance of which the lock-out occurred,
and

(ii)in relation to a strike or other industrial action, employees who took
part in it; and

(c)any reference to an offer of re-engagement is a reference to an offer (made
either by the original employer or by a successor of that employer or an
associated employer) to re-engage an employee, either in the job which he held
immediately before the date of dismissal or in a different job which would be
reasonably suitable in his case.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 23