Statutory Restriction Dismissals – Key Considerations By Tribunals

Posted in : Tribunal Guidance from Kennedys on 17 January 2023
Alexander Redpath
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

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This article is correct at 17/01/2023

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

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

View all articles by Alexander Redpath