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95. In deciding whether the dismissal was fair or unfair, subject to paragraph 12 above (Arbitrator’s Terms of Reference), the arbitrator shall have regard to
(i)any provision of Part X of the Employment Rights Act 1996 (as amended from time to time) requiring a dismissal for a particular reason to be regarded as unfair, or
(ii)any other legislative provision requiring a dismissal for a particular reason to be regarded as unfair for the purpose of Part X of the Employment Rights Act 1996.
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