X1103 Employee representatives.E+W+S
[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 Regulations 10 and 11 of the M2Transfer of Undertakings (Protection of Employment) Regulations 1981, 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.
[F2(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 Regulations 10 and 11 of the Transfer of Undertakings (Protection of Employment) Regulations 1981.]
Editorial Information
X1The insertion of the new heading "Other dismissals" in Pt. X Ch. I on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.
Textual Amendments
F1S. 103 renumbered as s. 103(1) (28.7.1999) by S.I. 1999/1925, reg. 13
F2S. 103(2) inserted (28.7.1999) by S.I. 1999/1925, reg. 13
Marginal Citations