The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

6.—(1) In section 105 of the 1996 Act(1) (redundancy as unfair dismissal)—

(a) for subsection (1)(c) substitute—

“(c) it is shown that any of subsections (2A) to (7I) apply.”; and

(b) after subsection (7H) insert—

“(7I) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one specified in 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).”.

(2) In section 108 of the 1996 Act(2) (exclusion of right: qualifying period of employment), in subsection (3)—

(a) omit the word “or” at the end of paragraph (k); and

(b) after paragraph (l) insert—

• “, or

  (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) applies.”.

(3) In section 109 of the 1996 Act(3) (exclusion of right: upper age limit), in subsection (2)—

(a) omit the word “or” at the end of paragraph (k); and

(b) after paragraph (l) insert—

• “, or

  (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) applies.”.

(1)

Section 105 specifies circumstances in which a person who is made redundant is to be regarded as unfairly dismissed. The section has been amended on a number of occasions to add new circumstances. Subsection (1)(c) was substituted by section 40(4) of the Employment Relations Act 2004 (c. 24) and amended by S.I. 2004/2326 and 2004/3426. Subsection (2) was repealed by Schedule 4 to the Employment Relations Act 1999 (c. 26) and subsection (2A) inserted by section 40(5) of the Employment Relations Act 2004. Subsection (7H) was inserted by S.I. 2004/3426.

(2)

Section 108(1) was amended by S.I.1999/1436. Subsection (3) (which specifies cases in which no qualifying period of employment is required) has been amended on a number of occasions to add new cases. Paragraph (k) was inserted by S.I. 2004/2326 and paragraph (l) was inserted by S.I. 2004/3426.

(3)

Section 109(2) (which specifies cases in which the upper age limit does not apply) has been amended on a number of occasions to add new cases. Paragraph (k) was inserted by S.I. 2004/2326 and paragraph (l) was inserted by S.I. 2004/3426.