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8.—(1) The Employment Rights Act 1996 is amended as follows.
(2) For subsection (7N) of section 105 substitute—
“(7N) 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—
(a)paragraph (3) of regulation 17 of the Agency Workers Regulations 2010 (unless the case is one to which paragraph (4) of that regulation applies); or
(b)paragraph (3) of regulation 5 of the Agency Workers (Amendment) Regulations 2019 (unless the case is one to which paragraph (4) of that regulation applies).”.
(3) The Employment Tribunals Act 1996(1) is amended as follows.
(4) In subsection (1) of section 18—
(a)after paragraph (z4), omit “, or”; and
(b)after paragraph (z5), insert—
“, or
(z6)under paragraph (3) of regulation 4 or paragraph (6) of regulation 5 of the Agency Workers (Amendment) Regulations 2019.”.
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