S.L. 452.96 Art. 9Unfair dismissal.

(1) An information and consultation representative or a candidate in an election in which any person elected will, on being elected, be such a representative shall have the right not to suffer any detriment, including dismissal by any act or deliberate failure to act by the employer, if the reason (or, if more than one, the principal reason) for this is that -

(a) the employee performed any functions or activities as such a representative or candidate: Provided that this shall not apply if the employee disclosed any information or document in breach of the duty in regulation 7;

(b) the employee or a person acting on his behalf made a request to exercise an entitlement conferred on the employee by regulation 8 or proposed to do so.

(2) The reason in subregulation (1)(a) does not apply where the reason (or principal reason) for the subjection to detriment, including dismissal, is that in the performance, or purported performance, of the employee’s functions or activities, he has disclosed any information or document in breach of the duty in regulation 7.

(3) Any employee, whether or not he is an employee to whom subregulation (1) applies, shall have the right not to suffer any detriment including dismissal by any act or deliberate failure to act by the employer, if the reason (or, if more than one, the principal reason) for this is one or more of the reasons is that the employee -

(a) took, or proposed to take, any proceedings before the Industrial Tribunal to enforce a right or secure an entitlement conferred on him by these regulations;

(b) exercised, or proposed to exercise, any entitlement to apply or complain to the Director or the Industrial Tribunal conferred by these regulations;

(c) stood as a candidate in an election in which any person elected would, on being elected, be an information and consultation representative;

(d) influenced or sought to influence by lawful means the way in which votes were to be cast by other employees in a ballot arranged under these regulations;

(e) voted in such a ballot;

(f) expressed doubts, as to whether such a ballot had been properly conducted; or

(g) proposed to do, failed to do, or proposed to decline to do, any of the things mentioned in paragraphs (d) to (g).

(4) In the case of a dismissal for such reasons as referred to in subregulations (1) and (3), this shall constitute an unfair dismissal.

(5) It is immaterial for the purpose of subregulation (3)(a) -

(a) whether or not the employee has the right; or

(b) whether or not the right has been infringed;

but for that paragraph to apply, the claim to the right and, if applicable, the claim that it has been infringed must be made in good faith.

(6) An employee may present a complaint to the Industrial Tribunal that he has been subjected to a detriment in contravention of this regulation.