Pensions Act, 1990
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Offences relating to certain dismissals and effect, etc. |
80.—(1) Where an employee is dismissed from an employment solely or mainly because, in good faith, the employee— | |
(a) made a reference under section 75 , 76 or 77 , | ||
(b) gave evidence in any proceedings under this Act, or | ||
(c) gave notice to his employer of his intention to do anything referred to in subparagraph (a) or (b), | ||
the employer shall be guilty of an offence and shall be liable— | ||
(i) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding one year, or to both, | ||
(ii) on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 2 years, or to both. | ||
(2) In a prosecution for an offence under this section the onus shall be on the employer to satisfy the court that the doing of anything referred to in subsection (1) was not the sole or principal reason for the dismissal. | ||
(3) (a) On conviction of an employer for an offence under this section, the court may, if it thinks fit and the dismissed employee is present or represented in court and consents— | ||
(i) order the re-instatement by the employer of the dismissed person in the position which that person held immediately before the dismissal on the terms and conditions on which that person was employed immediately before that dismissal, together with a term that the re-instatement shall be deemed to have commenced on the day of the dismissal, | ||
(ii) order the re-engagement by the employer of the dismissed person either in the position which that person held immediately before the dismissal or in a different position which would be reasonably suitable for that person on such terms and conditions as are reasonable having regard to all the circumstances, or | ||
(iii) impose on the employer, in addition to any fine imposed under subsection (1), a fine not exceeding the amount which, in the opinion of the court, the dismissed person would have received from the employer concerned by way of remuneration if the dismissal had not occurred: | ||
Provided that that amount shall not exceed— | ||
(I) if the conviction was a summary conviction, an amount which together with the fine imposed under subsection (1) does not exceed £1,000, | ||
(II) if the conviction was on indictment, an amount equal to 104 weeks' remuneration of the dismissed person. | ||
(b) The amount of a fine imposed under paragraph (a) shall be paid to the employee concerned. | ||
(c) Without prejudice to any right of appeal by any other person, the employee concerned may appeal against the amount of the fine under this subsection, either (as the case may be) to the High Court or to the judge of the Circuit Court in whose circuit the district (or any part thereof) of the justice of the District Court by whom the fine was imposed is situated, and the decision on such an appeal shall be final. | ||
(d) Proof of the payment by an employer of a fine imposed under paragraph (a) shall be a defence to any civil action brought against him by the employee concerned in respect of the remuneration referred to in subparagraph (iii) of that paragraph. |