C5C6C7C8C9C10C11C12C13C14C15C16C17C18 Part X Unfair dismissal

Annotations:
Modifications etc. (not altering text)
C5

Ss. 66-68, 70-71, 92-93, Pt. 10 (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

Pt. 10 (ss. 94-134) applied (with modifications) (E.W.) by S.I. 1998/218, art. 4(b)

Pt. 10 (ss. 94-134) modified (1.1.1999) by 1998 Measure No. 1, s. 6(1), Sch. 3 para. 3(1)(2); Instrument dated 14.10.1998 made by the Archbishops of Canterbury and York

Pt. 10 (ss. 94-134) modified (6.6.2000) by 1992 c. 52, s. 70A, Sch. A1 para. 161(1), 162 (as inserted (6.6.2000) by 1999 c. 26, s. 1, Sch. 1; S.I. 2000/1338, art. 2(a))

Pt. 10 (ss. 94-134) modified (4.9.2000) by 1999 c. 26, ss. 12(3)(6), (with ss. 14, 15); S.I. 2000/2242, art. 2(1)

Pt. 10 (ss. 94-134) modified (24.4.2000) by 1992 c. 52, s. 238A(2) (as inserted (24.4.2000) by 1999 c. 26, ss. 16, Sch. 5 para. 3; S.I. 2000/875, art. 2 (with transitional provision in art. 3))

Pt. 10 (ss. 94-134) modified (E.W.) (1.9.1999) by S.I. 1999/2256, arts. 3, 4(b), Sch.

C6

Pt. 10 (ss. 94-134) applied for certain purposes (14.8.2000) by S.I. 2000/1828, art. 2

Pt. 10 (ss. 94-134) applied (E.W.) (21.5.2001) by S.I. 2001/1185, arts. 2, 3, Sch. para. 95

C9

Pt. 10 modified (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 7

Chapter I Right not to be unfairly dismissed

Exclusion of right

C1C2108 Qualifying period of employment.

C31

Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than F39two years ending with the effective date of termination.

2

If an employee is dismissed by reason of any such requirement or recommendation as is referred to in section 64(2), subsection (1) has effect in relation to that dismissal as if for the words F39“two years” there were substituted the words “ one month ”.

3

Subsection (1) does not apply if—

F1a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2aa

subsection (1) of section 98B (read with subsection (2) of that section) applies,

F3b

subsection (1) of section 99 (read with any regulations made under that section) applies,

c

subsection (1) of section 100 (read with subsections (2) and (3) of that section) applies,

d

subsection (1) of section 101 (read with subsection (2) of that section) or subsection (3) of that section applies,

F4dd

section 101A applies,

e

section 102 applies,

f

section 103 applies,

F5ff

section 103A applies,

g

subsection (1) of section 104 (read with subsections (2) and (3) of that section) applies, F6. . .

F7gg

subsection (1) of section 104A (read with subsection (2) of that section) applies, F8 . . .

F9gh

subsection (1) of section 104B (read with subsection (2) of that section) applies, F10 . . .

F11gi

section 104C applies,

F40gj

subsection (1) of section 104D (read with subsection (2) of that section) applies,

F12gk

section 104E applies,

F13gl

subsection (1) of section 104F (read with subsection (2) of that section) applies,

F42gm

section 104G applies,

h

section 105 applies,F15F14. . .

hh

paragraph (3) or (6) of regulation 28 of the Transnational Information and Consultation of Employees Regulations 1999 (read with paragraphs (4) and (7) of that regulation) applies, F17F16 . . .

i

paragraph (1) of regulation 7 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 applies,

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19j

paragraph (1) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 applies,

F21F20 . . .

k

paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations 2004 applies,

F23F22 . . .

l

paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations 2004 (read with paragraphs (4) and (7) of that regulation) applies,F25F24 . . .

m

paragraph 5(3) or (5) of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (read with paragraph 5(6) of that Schedule) appliesF26...F27, or

n

F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

o

paragraph (3) or (6) of regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (read with paragraphs (4) and (7) of that regulation) applies,

F30F29 . . .

p

regulation 46 or 47 of the Companies (Cross-Border Mergers) Regulations 2007 applies F31 . . .

F32q

paragraph (1)(a) or (b) of regulation 29 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009( S.I. 2009/2401) applies, F33 or

r

paragraph (1) of regulation 17 of the Agency Workers Regulations 2010 applies

F414

Subsection (1) does not apply if the reason (or, if more than one, the principal reason) for the dismissal is, or relates to, the employee's political opinions or affiliation.

C4109 Upper age limit.

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

110 Dismissal procedures agreements.

1

Where a dismissal procedures agreement is designated by an order under subsection (3) which is for the time being in force—

a

the provisions of that agreement relating to dismissal shall have effect in substitution for any rights under section 94, and

b

accordingly, section 94 does not apply to the dismissal of an employee from any employment if it is employment to which, and he is an employee to whom, those provisions of the agreement apply.

F352

But if the agreement includes provision that it does not apply to dismissals of particular descriptions, subsection (1) does not apply in relation to a dismissal of any such description.

3

An order designating a dismissal procedures agreement may be made by the Secretary of State, on an application being made to him jointly by all the parties to the agreement, if he is satisfied that—

a

every trade union which is a party to the agreement is an independent trade union,

b

the agreement provides for procedures to be followed in cases where an employee claims that he has been, or is in the course of being, unfairly dismissed,

c

those procedures are available without discrimination to all employees falling within any description to which the agreement applies,

d

the remedies provided by the agreement in respect of unfair dismissal are on the whole as beneficial as (but not necessarily identical with) those provided in respect of unfair dismissal by this Part,

F36e

the agreement includes provision either for arbitration in every case or for—

i

arbitration where (by reason of equality of votes or for any other reason) a decision under the agreement cannot otherwise be reached, and

ii

a right to submit to arbitration any question of law arising out of such a decision, and

f

the provisions of the agreement are such that it can be determined with reasonable certainty whether or not a particular employee is one to whom the agreement applies.

4

If at any time when an order under subsection (3) is in force in relation to a dismissal procedures agreement the Secretary of State is satisfied, whether on an application made to him by any of the parties to the agreement or otherwise, either—

a

that it is the desire of all the parties to the agreement that the order should be revoked, or

b

that the agreement no longer satisfies all the conditions specified in subsection (3),

the Secretary of State shall revoke the order by an order under this subsection.

5

The transitional provisions which may be made in an order under subsection (4) include, in particular, provisions directing—

a

that an employee—

i

shall not be excluded from his right under section 94 where the effective date of termination falls within a transitional period which ends with the date on which the order takes effect and which is specified in the order, and

ii

shall have an extended time for presenting a complaint under section 111 in respect of a dismissal where the effective date of termination falls within that period, and

b

that, where the effective date of termination falls within such a transitional period, an F37employment tribunal shall, in determining any complaint of unfair dismissal presented by an employee to whom the dismissal procedures agreement applies, have regard to such considerations as are specified in the order (in addition to those specified in this Part and section 10(4) and (5) of F37the Employment Tribunals Act 1996).

F386

Where an award is made under a designated dismissal procedures agreement—

a

in England and Wales it may be enforced, by leave of a county court, in the same manner as a judgment of the court to the same effect and, where leave is given, judgment may be entered in terms of the award, and

b

in Scotland it may be recorded for execution in the Books of Council and Session and shall be enforceable accordingly.