C2C3C4C5C6C7C8C9C10C11C12C13C14C15Part X Unfair dismissal

Annotations:
Modifications etc. (not altering text)
C2

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.

C3

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

C6

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

C1108 Qualifying period of employment.

1

Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than F1one year 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 F2“one year” there were substituted the words “ one month ”.

3

Subsection (1) does not apply if—

F3a

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

b

subsection (1) of section 99 (read with subsection (2) of that section) or subsection (3) of 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. . .

F7gg

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

F9gh

subsection (1) of section 104B (read with subsection (2) of that section) applies, F10. . .

h

section 105 appliesF11F12 . . .

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.F13 or

i

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