C5C6C7C8C9C10C11C12C13C14C15C16C17C18 Part X Unfair dismissal
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
Pt. 10 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.
Pt. 10 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 4(b)
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
Pt. 10 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 3, Sch.
Pt. 10 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 4(b)
Pt. 10 modified (18.8.2006) by The European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs.1(2), 31(1)
Pt. 10 modfied (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), regs. 1(1), 47, Sch. 6 para. 13(5) (with regs. 44-46, Sch. 7)
Pt. 10 modified (15.12.2007) by The Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), reg. 46
Pt. 10 modified (1.10.2009) by The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (S.I. 2009/2401), reg. 29 (with reg. 41)
Pt. 10 applied (with modifications) (1.1.2010) by The Ecclesiastical Offices (Terms of Service) Regulations 2009 (S.I. 2009/2108), regs. 2(2), 33
Pt. 10 modified (6.4.2010) by The Employee Study and Training (Procedural Requirements) Regulations 2010 (S.I. 2010/155), reg. 18(3)
Pt. 10 modified (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 17(1)
Chapter I Right not to be unfairly dismissed
Exclusion of right
C1C2108 Qualifying period of employment.
C31
Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than F39two years ending with the effective date of termination.
2
If an employee is dismissed by reason of any such requirement or recommendation as is referred to in section 64(2), subsection (1) has effect in relation to that dismissal as if for the words F39“two years” there were substituted the words “
one month
”
.
3
Subsection (1) does not apply if—
F1a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2aa
subsection (1) of section 98B (read with subsection (2) of that section) applies,
F3b
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,
F4dd
section 101A applies,
e
section 102 applies,
f
section 103 applies,
F5ff
section 103A applies,
g
subsection (1) of section 104 (read with subsections (2) and (3) of that section) applies, F6. . .
F11gi
section 104C applies,
F40gj
subsection (1) of section 104D (read with subsection (2) of that section) applies,
F12gk
section 104E applies,
F13gl
subsection (1) of section 104F (read with subsection (2) of that section) applies,
F42gm
section 104G applies,
hh
i
paragraph (1) of regulation 7 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 applies,
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19j
k
l
m
n
F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
o
p
regulation 46 or 47 of the Companies (Cross-Border Mergers) Regulations 2007 applies F31 . . .
F32q
paragraph (1)(a) or (b) of regulation 29 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009( S.I. 2009/2401) applies, F33 or
r
paragraph (1) of regulation 17 of the Agency Workers Regulations 2010 applies
F414
Subsection (1) does not apply if the reason (or, if more than one, the principal reason) for the dismissal is, or relates to, the employee's political opinions or affiliation.
C4109 Upper age limit.
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
110 Dismissal procedures agreements.
1
Where a dismissal procedures agreement is designated by an order under subsection (3) which is for the time being in force—
a
the provisions of that agreement relating to dismissal shall have effect in substitution for any rights under section 94, and
b
accordingly, section 94 does not apply to the dismissal of an employee from any employment if it is employment to which, and he is an employee to whom, those provisions of the agreement apply.
F352
But if the agreement includes provision that it does not apply to dismissals of particular descriptions, subsection (1) does not apply in relation to a dismissal of any such description.
3
An order designating a dismissal procedures agreement may be made by the Secretary of State, on an application being made to him jointly by all the parties to the agreement, if he is satisfied that—
a
every trade union which is a party to the agreement is an independent trade union,
b
the agreement provides for procedures to be followed in cases where an employee claims that he has been, or is in the course of being, unfairly dismissed,
c
those procedures are available without discrimination to all employees falling within any description to which the agreement applies,
d
the remedies provided by the agreement in respect of unfair dismissal are on the whole as beneficial as (but not necessarily identical with) those provided in respect of unfair dismissal by this Part,
F36e
the agreement includes provision either for arbitration in every case or for—
i
arbitration where (by reason of equality of votes or for any other reason) a decision under the agreement cannot otherwise be reached, and
ii
a right to submit to arbitration any question of law arising out of such a decision, and
f
the provisions of the agreement are such that it can be determined with reasonable certainty whether or not a particular employee is one to whom the agreement applies.
4
If at any time when an order under subsection (3) is in force in relation to a dismissal procedures agreement the Secretary of State is satisfied, whether on an application made to him by any of the parties to the agreement or otherwise, either—
a
that it is the desire of all the parties to the agreement that the order should be revoked, or
b
that the agreement no longer satisfies all the conditions specified in subsection (3),
the Secretary of State shall revoke the order by an order under this subsection.
5
The transitional provisions which may be made in an order under subsection (4) include, in particular, provisions directing—
a
that an employee—
i
shall not be excluded from his right under section 94 where the effective date of termination falls within a transitional period which ends with the date on which the order takes effect and which is specified in the order, and
ii
shall have an extended time for presenting a complaint under section 111 in respect of a dismissal where the effective date of termination falls within that period, and
b
that, where the effective date of termination falls within such a transitional period, an F37employment tribunal shall, in determining any complaint of unfair dismissal presented by an employee to whom the dismissal procedures agreement applies, have regard to such considerations as are specified in the order (in addition to those specified in this Part and section 10(4) and (5) of F37the Employment Tribunals Act 1996).
F386
Where an award is made under a designated dismissal procedures agreement—
a
in England and Wales it may be enforced, by leave of a county court, in the same manner as a judgment of the court to the same effect and, where leave is given, judgment may be entered in terms of the award, and
b
in Scotland it may be recorded for execution in the Books of Council and Session and shall be enforceable accordingly.
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.