Statutory Restriction Dismissals – Key Considerations By TribunalsPosted in : Tribunal Guidance from Kennedys on 17 January 2023
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.