C1C2C4C5C7C8C9C10C11C12C13C14C15C17 Part X Unfair dismissal

Annotations:
Modifications etc. (not altering text)
C1

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.

C2

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

C7

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

Chapter I Right not to be unfairly dismissed

Exclusion of right

C3C16108 Qualifying period of employment.

C61

Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than F36two 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 F36“two years” there were substituted the words “ one month ”.

3

Subsection (1) does not apply if—

F1a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16aa

subsection (1) of section 98B (read with subsection (2) of that section) applies,

F17b

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,

F2dd

section 101A applies,

e

section 102 applies,

f

section 103 applies,

F3ff

section 103A applies,

g

subsection (1) of section 104 (read with subsections (2) and (3) of that section) applies, F4. . .

F5gg

subsection (1) of section 104A (read with subsection (2) of that section) applies, F6 . . .

F7gh

subsection (1) of section 104B (read with subsection (2) of that section) applies, F8 . . .

F18gi

section 104C applies,

F37gj

subsection (1) of section 104D (read with subsection (2) of that section) applies,

F27gk

section 104E applies,

F30gl

subsection (1) of section 104F (read with subsection (2) of that section) applies,

F38gm

section 104G applies,

h

section 105 applies,F10F9. . .

hh

paragraph (3) or (6) of regulation 28 of the Transnational Information and Consultation of Employees Regulations 1999 (read with paragraphs (4) and (7) of that regulation) applies, F12F11 . . .

i

paragraph (1) of regulation 7 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 applies,

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13j

paragraph (1) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 applies,

F19F15 . . .

k

paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations 2004 applies,

F21F20 . . .

l

paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations 2004 (read with paragraphs (4) and (7) of that regulation) applies,F25F22 . . .

m

paragraph 5(3) or (5) of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (read with paragraph 5(6) of that Schedule) appliesF23...F24, or

n

F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

o

paragraph (3) or (6) of regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (read with paragraphs (4) and (7) of that regulation) applies,

F29F26 . . .

p

regulation 46 or 47 of the Companies (Cross-Border Mergers) Regulations 2007 applies F33 . . .

F28q

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, F31 or

r

paragraph (1) of regulation 17 of the Agency Workers Regulations 2010 applies

F354

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.

F345

Subsection (1) does not apply if the reason (or, if more than one, the principal reason) for the dismissal is, or is connected with, the employee's membership of a reserve force (as defined in section 374 of the Armed Forces Act 2006).