C2C3C4C5C6C7C8C9C10C11C12C13C14C15Part X Unfair dismissal

Annotations:
Modifications etc. (not altering text)
C2

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.

C3

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

C6

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

C1109 Upper age limit.

C161

Section 94 does not apply to the dismissal of an employee if on or before the effective date of termination he has attained—

a

in a case where—

i

in the undertaking in which the employee was employed there was a normal retiring age for an employee holding the position held by the employee, and

ii

the age was the same whether the employee holding that position was a man or a woman,

that normal retiring age, and

b

in any other case, the age of sixty-five.

2

Subsection (1) does not apply if—

F1a

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

F16aa

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

F17b

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,

F2dd

section 101A applies,

e

section 102 applies,

f

section 103 applies,

F3ff

section 103A applies,

g

subsection (1) of section 104 (read with subsections (2) and (3) of that section) applies, F4. . .

F5gg

subsection (1) of section 104A (read with subsection (2) of that section) applies, F6. . .

F7gh

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

F18gi

section 104C applies,

h

section 105 applies.F10F9. . .

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.F12F11. . .

i

paragraph (1) of regulation 7 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 applies.F14F13. . .

j

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

F19F15. . .

k

paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations 2004 applies.F20 or

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.