Statutory Restriction Dismissals – Key Considerations By Tribunals

Posted in : Tribunal Guidance from Kennedys on 17 January 2023
Alexander Redpath
Kennedys
Issues covered: Statutory Restriction Dismissals

Over the past year, the employment team prepared a series of articles on potentially fair reasons for dismissal. This final article in this series deals with dismissals for reasons of statutory restriction.

What is a statutory restriction dismissal?

Statutory restriction dismissals are defined at Article 130 (2) (d) of the Employment Rights (Northern Ireland) Order 1996 as:

“the employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or under a statutory provision.”

This provision covers a broad range of scenarios and where continued employment of the employee would lead to a

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 17/01/2023
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Alexander Redpath
Kennedys

The main content of this article was provided by Alexander Redpath. Contact telephone number is +44 28 9026 0580 or email Alexander.Redpath@kennedyslaw.com

View all articles by Alexander Redpath