Industrial Relations (Miscellaneous Provisions) Act 2004
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Prohibition on victimisation. |
8.—(1) This section applies where it is not the practice of the employer to engage in collective bargaining negotiations and the internal dispute resolution procedures (if any) normally used by the parties concerned have failed to resolve the dispute and— | |
(a) a trade union or an excepted body takes steps to invoke the procedures under the Code of Practice on Voluntary Dispute Resolution under section 42 of the Industrial Relations Act 1990 (or any code of practice amending or replacing that code) in relation to a trade dispute, or | ||
(b) such procedures have been invoked by a trade union or excepted body in relation to a trade dispute, or | ||
(c) an employee intends to request the trade union or excepted body of which the employee is a member to make a request under section 2 of the Act of 2001 in relation to a trade dispute, or a trade union or an excepted body intends to make such a request, or | ||
(d) such a request by a trade union or an excepted body has been made but the Court determines that the requirements specified in that section for the carrying out of an investigation of the trade dispute have not been met, or | ||
(e) the Court determines that those requirements have been met and either— | ||
(i) that investigation is being or has been carried out, or | ||
(ii) any other procedure under the Act of 2001 consequent on or subsequent to that investigation is being or has been carried out. | ||
(2) Where this section applies, none of the following— | ||
(a) the employer, | ||
(b) an employee, or | ||
(c) a trade union or an excepted body of which an employee is a member, | ||
shall victimise an employee or (as the case may be) another employee in the employment concerned on account of— | ||
(i) the employee's being or not being a member of a trade union or an excepted body, or | ||
(ii) the employee's engaging or not engaging in any activities on behalf of a trade union or an excepted body. | ||
(3) In this section “victimise”, in relation to an employee, means to do any act (whether of commission or omission) that, on objective grounds, adversely affects the interests of the employee or his or her well being and includes any act specified in a code of practice, prepared under section 42 of the Industrial Relations Act 1990 in relation to conduct prohibited by this section, to be an act falling within the foregoing expression but does not include any act constituting a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2001. | ||
(4) For the avoidance of doubt, “employee” in this section includes any person in the employment concerned the duties of whom consist of or include managing the business or activity to which the employment relates. |