30.—(1) In section 105 of the Employment Rights Act 1996 (redundancy as unfair dismissal) in subsection (1)(c) (which requires one of subsections (2A) to (7K) to apply for a person to be treated as unfairly dismissed) M1 for “(7K)” substitute “ (7L) ”.
(2) After subsection (7K) of that section insert—
“(7L) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one specified in paragraph (3) or (6) of regulation 29 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009(S.I. 2009/2401) (read with paragraphs (4) and (7) of that regulation).”.
(3) In section 108 of the Employment Rights Act 1996 (exclusion of right: qualifying period of employment) M2 in subsection (3) (cases where no qualifying period of employment is required) M3omit “or” immediately preceding paragraph (p) and after that paragraph insert—
“, or
(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,”.
Marginal Citations
M1Section 105 has been amended on a number of occasions to specify additional circumstances in which an employee dismissed by reason of redundancy is to be regarded as unfairly dismissed.
M2Section 108(1) was amended by S.I. 1999/1436, article 3.
M3Section 108(3) has been amended on a number of occasions to specify additional cases in which no qualifying period of employment is required.