Employment Rights Act 1996, Section 103 is up to date with all changes known to be in force on or before 12 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F1(1)]An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee, being—
(a)an employee representative for the purposes of Chapter II of Part IV of the M1Trade Union and Labour Relations (Consolidation) Act 1992 (redundancies) or [F2regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006], or
(b)a candidate in an election in which any person elected will, on being elected, be such an employee representative,
performed (or proposed to perform) any functions or activities as such an employee representative or candidate.
[F3(2) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee took part in an election of employee representatives for the purposes of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (redundancies) or [F4 regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ] . ]
Textual Amendments
F1S. 103 renumbered as s. 103(1) (28.7.1999) by S.I. 1999/1925, reg. 13
F2Words in s. 103(1)(a) substituted (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), 20, Sch. 2 para. 10(c) (with application as mentioned in reg. 21(1))
F3S. 103(2) inserted (28.7.1999) by S.I. 1999/1925, reg. 13
F4Words in s. 103(2) substituted (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), 20, Sch. 2 para. 10(c) (with application as mentioned in reg. 21(1))
Marginal Citations
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