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Employment Rights Act 1996
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Changes over time for: Section 108
Alternative versions:
- 22/08/1996- Amendment
- 01/10/1998- Amendment
- 01/11/1998- Amendment
- 01/06/1999- Amendment
- 02/07/1999- Amendment
- 05/10/1999- Amendment
- 15/12/1999- Amendment
- 15/01/2000- Amendment
- 01/07/2000- Amendment
- 01/10/2002- Amendment
- 08/10/2004- Amendment
- 06/04/2005- Amendment
- 06/04/2006- Amendment
- 18/08/2006- Amendment
- 01/10/2006- Amendment
- 15/12/2007- Amendment
- 01/10/2009- Amendment
- 02/03/2010- Amendment
- 06/04/2010- Amendment
- 06/04/2011- Amendment
- 01/10/2011- Amendment
- 06/04/2012- Amendment
- 30/06/2012- Amendment
- 25/06/2013- Amendment
- 01/09/2013- Amendment
- 01/10/2014- Amendment
- 11/01/2016- Amendment
- 04/05/2016- Amendment
- 31/12/2020- Amendment
- 05/12/2022- Amendment
Changes to legislation:
Employment Rights Act 1996, Section 108 is up to date with all changes known to be in force on or before 18 April 2024. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 8 Ch. 5 inserted by 2023 c. 20 Sch. para. 2
- Pt. 8A Ch. 1 heading inserted by 2023 c. 46 s. 1(3)
- Pt. 8A Ch. 2 inserted by 2023 c. 46 s. 1(4)
- Pt. 8A Ch. 3 inserted by 2023 c. 46 s. 2
- Pt. 8A Ch. 4 inserted by 2023 c. 46 s. 3(2)
- s. 43K(1)(ca) and word omitted by 2013 c. 24 s. 20(5) (This amendment not applied to legislation.gov.uk. The insertion of s. 43K(1)(ba) by S.I. 2006/1056, Sch. para. 7 is to come into force on the day on which 2005 asp 13, s. 20 comes into force and that provision has never been brought into force)
- s. 43K(2)(ba) omitted by 2013 c. 24 s. 20(6) (This amendment not applied to legislation.gov.uk. The insertion of s. 43K(1)(ba) by S.I. 2006/1056, Sch. para. 7 is to come into force on the day on which 2005 asp 13, s. 20 comes into force and that provision has never been brought into force)
- s. 47C(2)(cc) inserted by 2023 c. 20 Sch. para. 22
- s. 47H inserted by 2020 c. 7 Sch. 7 para. 9
- s. 47AA inserted by 2008 c. 25 s. 37
- s. 47EA inserted by 2023 c. 46 Sch. para. 4
- s. 47EB inserted by 2023 c. 46 Sch. para. 5
- s. 48(1C) inserted by 2020 c. 7 Sch. 7 para. 10(a)
- s. 48(1C) inserted by 2023 c. 46 Sch. para. 6(2)
- s. 48(1D) inserted by 2023 c. 46 Sch. para. 6(3)
- s. 49(8) inserted by 2020 c. 7 Sch. 7 para. 11(b)
- s. 49(8) inserted by 2023 c. 46 Sch. para. 7(4)
- s. 49C inserted by 2017 c. 16 s. 32(4)
- s. 75I(3)(g) and word inserted by 2023 c. 20 Sch. para. 23(b)
- s. 80C(2)(bc) inserted by 2023 c. 20 Sch. para. 24(2)
- s. 80C(4)(bc) inserted by 2023 c. 20 Sch. para. 24(3)
- s. 80EB(2)(f) and word inserted by 2023 c. 20 Sch. para. 25(b)
- s. 99(3)(cc) inserted by 2023 c. 20 Sch. para. 28
- s. 101B inserted by 2008 c. 25 s. 38
- s. 104H inserted by 2020 c. 7 Sch. 7 para. 14
- s. 104CA inserted by 2023 c. 46 Sch. para. 9
- s. 105(4B) inserted by 2008 c. 25 s. 39(3)
- s. 105(7BC) inserted by 2020 c. 7 Sch. 7 para. 15
- s. 105(7BAA) inserted by 2023 c. 46 Sch. para. 10
- s. 108(3)(gia) inserted by 2023 c. 46 Sch. para. 11
- s. 108(3)(de) inserted by 2008 c. 25 s. 39(4)
- s. 108(3)(gn) inserted by 2020 c. 7 Sch. 7 para. 16
- s. 110(3A) inserted by 2002 c. 22 s. 44
- s. 163(6) inserted by 2022 c. 35 Sch. 5 para. 27
- s. 205A(2)(ba) inserted by 2023 c. 46 Sch. para. 16(2)
- s. 205A(8A) inserted by 2023 c. 46 Sch. para. 16(3)
- s. 225(7)(8) inserted by 2023 c. 46 Sch. para. 17
- s. 227(1)(zb)(zc) inserted by 2023 c. 46 Sch. para. 18
108 Qualifying period of employment.E+W+S
(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 [F1two 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 [F1“two years”] there were substituted the words “ one month ”.
(3)Subsection (1) does not apply if—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(aa)subsection (1) of section 98B (read with subsection (2) of that section) applies,]
[F4(b)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,
[F5(da)subsection (2) of section 101ZA applies (read with subsection (3) of that section) or subsection (4) of that section applies,]
[F6(dd)section 101A applies,]
(e)section 102 applies,
(f)section 103 applies,
[F7(ff)section 103A applies,]
(g)subsection (1) of section 104 (read with subsections (2) and (3) of that section) applies, F8. . .
[F9(gg) subsection (1) of section 104A (read with subsection (2) of that section) applies, F10 . . . ]
[F11(gh) subsection (1) of section 104B (read with subsection (2) of that section) applies, F12 . . . ]
[F13(gi)section 104C applies,]
[F14(gj)subsection (1) of section 104D (read with subsection (2) of that section) applies,]
[F15(gk)section 104E applies,]
[F16(gl)subsection (1) of section 104F (read with subsection (2) of that section) applies,]
[F17(gm)section 104G applies,]
(h)section 105 applies,F18[F19. . .
(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, ] F20 [F21 . . .
(i)paragraph (1) of regulation 7 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 applies,]
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F23(j)paragraph (1) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 applies,]
(k)paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations 2004 applies,]
(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,] F28 [F29 . . .
(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) applies] [F30...][F31, 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,
F34(p). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F35(q) 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, [F36 or
(r) paragraph (1) of regulation 17 of the Agency Workers Regulations 2010 applies]]]
[F37(4)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.]
[F38(5)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).]
Textual Amendments
F1Words in s. 108(1)(2) substituted (6.4.2012) by The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 (S.I. 2012/989), arts. 1, 3 (with art. 4)
F2S. 108(3)(a) repealed (15.12.1999) by 1999 c. 26, ss. 9, 44, Sch. 4 Pt. III para. 18, Sch. 9(2); S.I. 1999/2830, art. 2(2)(3), Sch. 1 Pt. II, Sch. 2 Pt. II (with Sch. 3 paras. 10, 11)
F3S. 108(3)(aa) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 40(6), 59(2)-(4); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)
F4S. 108(3)(b) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 32; S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)
F5S. 108(3)(da) inserted (4.5.2016 for specified purposes) by Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 10
F6S. 108(3)(dd) inserted (1.10.1998) by S.I. 1998/1833, reg. 32(4)
F7S. 108(3)(ff) inserted (2.7.1999) by 1998 c. 23, s. 7(1); S.I. 1999/1547, art. 2
F8Word in s. 108(3)(g) repealed (1.11.1998) by 1998 c. 39, ss. 25(3), 53, Sch. 3; S.I. 1998/2574, art. 2(1), Sch. 1 (with art. 3)
F9S. 108(3)(gg) inserted (1.11.1998) by 1998 c. 39, s. 25(3); S.I. 1998/2574, art. 2(1), Sch. 1 (with art. 3)
F10Word in s. 108(3)(gg) repealed (5.10.1999) by 1999 c. 10, ss. 7, 19(4), 20(2), Sch. 3 para. 3(3), Sch. 6
F11S. 108(3)(gh) inserted (5.10.1999) by 1999 c. 10, ss. 7, 20(2), Sch. 3 para. 3(3) (which amending Act was repealed (in part on 27.8.2002 and 4.12.2002, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 60, Sch. 6; S.I. 2002/1727, art. 2) and insertion continued (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 27, Sch. 1 para. 3(4); S.I. 2002/1727, art. 2
F12Word in s. 108(3)(gh) omitted (15.1.2000) by virtue of S.I. 1999/3323, reg. 29(2)
F13S. 108(3)(gi) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 41(5), 59(2)-(4); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)
F14S. 108(3)(gj) inserted (30.6.2012) by Pensions Act 2008 (c. 30), ss. 57(5), 149(1); S.I. 2012/1682, art. 2, Sch. 2
F15S. 108(3)(gk) inserted "after paragraph (gj)" (6.4.2010 for certain purposes and otherwise prosp.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 40, 269(4), Sch. 1 para. 4; S.I. 2010/303, art. 4, Sch. 3 (with arts. 8-14) (as amended by S.I. 2010/1151, art. 22)
F16S. 108(3)(gl) inserted (2.3.2010) by The Employment Relations Act 1999 (Blacklists) Regulations 2010 (S.I. 2010/493), reg. 12(4)
F17S. 108(3)(gm) inserted (1.9.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 31(5), 35(1); S.I. 2013/1766, art. 2
F18Word at the end of s. 108(3)(h) omitted (1.7.2000) by virtue of S.I. 2000/1551, reg. 10, Sch. para. 2(2)
F19S. 108(hh) and preceding word inserted (15.1.2000) by S.I. 1999/3323, reg. 29(2)
F20Word in s. 108(3)(hh) omitted (1.10.2002) by virtue of The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 11, Sch. 2 Pt. 1 para. 3(11) (with regs. 13-20 and subject to transitional provisions in Sch. 2 Pt. 2)
F21S. 108(3)(i) and word "or" preceding it inserted (1.7.2000) by S.I. 2000/1551, reg. 10, Sch. para. 2(2)
F22Word in s. 108(3)(i) repealed (8.10.2004) by The European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326), regs. 1(2), 43(2)(a)
F23S. 108(3)(j) and preceding word inserted (1.10.2002) by The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 11, Sch. 2 Pt. 1 para. 3(11) (with regs. 13-20 and subject to transitional provisions in Sch. 2 Pt. 2)
F24Word in s. 108(3)(j) repealed (6.4.2005) by The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426), regs. 1(1), 31(2)(a) (with reg. 3)
F25S. 108(3)(k) and the preceding word "or" inserted (8.10.2004) by The European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326), regs. 1(2), 43(2)(b)
F26Word in s. 108(3)(k) omitted (6.4.2006) by virtue of The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349), regs. 1(3), 17, Sch. para. 6(2)(a)
F27S. 108(3)(l) and the preceding word "or" inserted (6.4.2005) by The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426), regs. 1(1), 31(2)(b) (with reg. 3)
F28Word in s. 108(3)(I) omitted (1.10.2006) by virtue of The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 24(a) (with regs. 44-46)
F29S. 108(3)(m) and word inserted (6.4.2006) by The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349), regs. 1(3), 17, Sch. para. 6(2)(b)
F30By virtue of The European Cooperative Society (Involvement of Emplees) Regulation Regulations 2006 (S.I. 2006/2059), reg. 32(2)(a) it is provided that the word "or" at the end of s. 108(3)(m) is omitted (18.8.2006)
F31S. 108(3)(n) and word inserted (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 24(b) (with regs. 44-46)
F32S. 108(3)(n) omitted (6.4.2011) by virtue of The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011(S.I. 2011/1069), {reg. 3(5)} (with regs. 5, 6, 9)
F33S. 108: word immediately preceding para. 3(p) omitted (1.10.2009) by virtue of The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (S.I. 2009/2401), reg. 30(3) (with reg. 41)
F34S. 108(3)(p) omitted (31.12.2020) by virtue of The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/348), reg. 2, Sch. 3 para. 7; 2020 c. 1, Sch. 5 para. 1(1)
F35S. 108(3)(q) and preceding word inserted (1.10.2009) by The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (S.I. 2009/2401), reg. 30(3) (with reg. 41)
F36S. 108(3)(r) and preceding word inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 25, Sch. 2 para. 16 (as amended by S.I. 2011/1941, reg. 2(5)(b)(c))
F37S. 108(4) inserted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 13, 103(2) (with s. 24(3))
F38S. 108(5) inserted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 48(2), 50(1) (with s. 48(4)); S.I. 2014/2370, art. 4(d)
Modifications etc. (not altering text)
C1Pt. 10 modified (5.12.2022) by The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022 (S.I. 2022/1145), regs. 1(2), 7(1)
C2S. 108 excluded (4.9.2000) by 1999 c. 26, s. 12(4), (with ss. 14, 15); S.I. 2000/2242, art. 2
S. 108 excluded (6.6.2000) by 1992 c. 52, s. 70A, Sch. A1 para. 164 (as inserted (6.6.2000) by 1999 c. 26, ss. 1, 45(1), Sch. 1; S.I. 2000/1338, art. 2(a))
C3S. 108 excluded (6.4.2010) by The Employee Study and Training (Procedural Requirements) Regulations 2010 (S.I. 2010/155), reg. 18(4)
C4S. 108 excluded (11.1.2016) by The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 (S.I. 2015/2021), regs. 1(2), 2(5)
C5S. 108 excluded (5.12.2022) by The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022 (S.I. 2022/1145), regs. 1(2), 7(5)
C6S. 108(1) excluded by 1992 c. 52, s. 154 (as substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 35, 59(2)-(4); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12))
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