Part 1 E+W Duty to participate in education or training: England

Chapter 3 E+W Employers

Supplementary E+W

Prospective

38 Dismissal to be treated as unfair E+W

After section 101A of the Employment Rights Act 1996 insert—

“101B Participation in education or training

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, being a person entitled to be permitted to participate in education or training by section 27 or 28 of the Education and Skills Act 2008, the employee exercised, or proposed to exercise, that right.”