Employment Protection (Consolidation) Act 1978

59 Dismissal on ground of redundancy.E+W+S

[F1(1)] Where the reason or principal reason for the dismissal of an employee was that [F2the employee] was redundant, but it is shown that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by [F2the employee] and who have not been dismissed by the [F3employer, and [F4either]-

(a)that the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was an inadmissible reason; [F5or]]. . .

F6(b)that [F7the employee] was selected for dismissal in contravention of a customary arrangement or agreed procedure relating to redundancy and there were no special reasons justifying a departure from that arrangement or procedure [F8in the case of the employee],

then, for the purposes of this Part, the dismissal shall be regarded as unfair.

[F1(2)For the purposes of this section “inadmissible”, in relation to a reason, means that it is one of those specified in section [F957A(1) (read with (2) and (3)), [F1057AA,] 60(a) to (e) [F11or 60A(1) (read with (2) and (3))]]

[F12(3)For the purposes of this Part “a redundancy case” means a case where the reason or principal reason for the dismissal was that the employee was redundant but the equal application of the circumstances to non-dismissed employees is also shown.]]

Textual Amendments

F1S. 59 renumbered as s. 59(1) and s. 59(2) inserted (30.8.1993 except for the purpose of giving effect to s. 60(a)-(f) of this Act) by 1993 c. 19, s. 24(2); S.I. 1993/1908, art. 2(1), Sch. 1

F3Words in s. 59 substituted (30.8.1993 except for the purpose of giving effect to s. 60(a)-(f) of this Act) by 1993 c. 19, s. 24(2); S.I. 1993/1908, art. 2(1), Sch. 1

F4Word in s. 59(1) repealed (E.W.) (3.1.1995) by 1994 c. 40, s. 81(1), Sch. 17; S.I. 1994/3188, arts. 2, 3(n)(s)(vi)

F5Word in s. 59(1)(a) repealed (E.W.) (3.1.1995) by 1994 c. 40, s. 81(1), Sch. 17; S.I. 1994/3188, arts. 2, 3(n)(s)(vi)

F9Words in s. 59(2) substituted (30.8.1993) by 1993 c. 19, s. 28, Sch. 5 para. 4; S.I. 1993/1908, art. 2(1), Sch. 1

F10Words in s. 59(2) inserted (26.10.1995) by S.I. 1995/2587, reg. 14(2)

F11Words in s. 59(2) inserted (30.8.1993) by 1993 c. 19, s. 29(2); S.I. 1993/1908, art. 2(1), Sch. 1

Modifications etc. (not altering text)