An employee who is dismissed is to 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 the employee—
(a) made (or proposed to make) a section 63D application,
(b) exercised (or proposed to exercise) a right conferred on the employee under section 63F,
(c) brought proceedings against the employer under section 63I, or
(d) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.
(1) 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 relates to a prohibited list, and either—
(a) the employer contravenes regulation 3 of the 2010 Regulations in relation to that prohibited list, or
(b) the employer—
(i) relies on information supplied by a person who contravenes that regulation in relation to that list, and
(ii) knows or ought reasonably to know that the information relied on is supplied in contravention of that regulation.
(2) If there are facts from which the tribunal could conclude, in the absence of any other explanation, that the employer—
(a) contravened regulation 3 of the 2010 Regulations, or
(b) relied on information supplied in contravention of that regulation,
the tribunal must find that such a contravention or reliance on information occurred, unless the employer shows that it did not.
(3) In this section—
“ the 2010 Regulations ” means the Employment Relations Act 1999 (Blacklists) Regulations 2010, and
“ prohibited list ” has the meaning given in those Regulations (see regulation 3(2)).
An employee who is dismissed is to 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 the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).
104I Contracts of employment: restricted variations
(1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if—
(a) the employee was employed for the purposes of a business carried on by the employer, and
(b) the reason (or, if more than one, the principal reason) for the dismissal is a reason within subsection (2) or (3).
(2) The reason within this subsection is that—
(a) the employer sought to vary the employee’s contract of employment to make a restricted variation (see subsection (5)), and
(b) the employee—
(i) did not agree to the restricted variation, or
(ii) where the employer sought to make more than one variation, did not agree to a number of variations that included the restricted variation.
(3) The reason within this subsection is to enable the employer to employ another person, or to re-engage the employee, under a varied contract of employment to carry out the same duties, or substantially the same duties, as the employee carried out before being dismissed.
(4) For the purposes of subsection (3), a contract of employment is a “varied” contract of employment if—
(a) the terms of the contract are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and
(b) one or more of the differences between the two sets of terms constitutes a restricted variation (see subsection (5));
and, in a case where subsection (3) applies, any reference in this section to the restricted variation is to be read accordingly.
(5) In this section “restricted variation” means any of the following—
(a) a reduction of, or removal of an entitlement to, any sum payable to an employee in connection with the employment (but see subsection (6));
(b) where the amount of any sum payable to an employee in connection with the employment is determined by reference to a measure of the amount of work done by the employee (including a measure referable to results achieved by the employee), a variation of that measure;
(c) a variation of any term or condition relating to pensions or pension schemes;
(d) a variation of the number of hours which an employee is required to work;
(e) a variation of the timing or duration of a shift which meets such conditions as may be specified in regulations made by the Secretary of State;
(f) a reduction in the amount of time off which an employee is entitled to take;
(g) a variation of a description specified in regulations made by the Secretary of State;
(h) the inclusion in a contract of employment of a term enabling the employer to make any variation within any of the preceding paragraphs without the employee’s agreement.
(6) The Secretary of State may by regulations provide that a reference in subsection (5) to a sum payable to an employee in connection with the employment does not include a reference to—
(a) a sum payable in respect of—
(i) any expenses incurred by an employee;
(ii) any expenses of a specified description incurred by an employee;
(iii) any expenses incurred by an employee other than expenses of a specified description;
(b) a payment or benefit in kind, a payment or benefit in kind of a specified description, or a payment or benefit in kind other than one of a specified description.
In this subsection “specified” means specified in the regulations.
(7) Subsection (1) does not apply in relation to an employee if on the effective date of termination the employee has not yet started work.
(8) In the case of an employer that is not a local authority, subsection (1) does not apply in relation to an employee if the employer shows that—
(a) the reason for the restricted variation was to eliminate, prevent or significantly reduce, or significantly mitigate the effect of, any financial difficulties which at the time of the dismissal were affecting, or were likely in the immediate future to affect—
(i) the employer’s ability to carry on the business as a going concern, or
(ii) where the employer is a public sector employer, the financial sustainability of carrying out the employer’s statutory functions, and
(b) in all the circumstances the employer could not reasonably have avoided the need to make the restricted variation.
(9) In the case of an employer that is a local authority, subsection (1) does not apply in relation to an employee if—
(a) at the time of the dismissal, a relevant intervention direction has effect in relation to the authority,
(b) the relevant intervention direction—
(i) specifies that the reason, or one of the reasons, for the giving of the direction is that the authority is undergoing financial difficulties, and
(ii) contains provision relating to the financial management or financial governance of the authority, and
(c) the authority shows that—
(i) the reason for the restricted variation was to eliminate or significantly reduce, or significantly mitigate the effect of, any of the financial difficulties referred to in paragraph (b)(i), and
(ii) in all the circumstances the authority could not reasonably have avoided the need to make the restricted variation.
(10) In determining whether—
(a) in the case of a public sector employer (other than a local authority), subsection (8)(b) is met, or
(b) in the case of a local authority, subsection (9)(c)(ii) is met,
an employment tribunal must apply the same principles as would be applied by a court on an application for judicial review.
(11) Where the employer shows that the conditions in paragraphs (a) and (b) of subsection (8) are met, or (where the employer is a local authority) the conditions in paragraphs (a), (b) and (c) of subsection (9) are met, the matters that must be considered in determining the question whether the dismissal is fair or unfair include the following—
(a) any consultation carried out by the employer with the employee about varying the employee’s contract of employment;
(b) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;
(c) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;
(d) anything offered to the employee by the employer in return for agreeing to the restricted variation;
(e) any matters specified for the purposes of this subsection in regulations made by the Secretary of State.
(12) In this section—
“English local authority” means—
a county council or district council in England;
a London borough council;
the Greater London Authority;
the Council of the Isles of Scilly;
the Common Council of the City of London in its capacity as a local authority, a police authority or a port health authority;
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“local authority” means—
an English local authority,
a Welsh local authority, or
a Scottish local authority;
“public sector employer” means a person that—
is wholly or mainly funded from public funds,
is under a statutory duty to carry out any functions of a public nature, and
so far as carrying out those functions, does not operate on a commercial basis;
“recognised”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);
“relevant intervention direction” means—
in the case of an English local authority, a direction under section 15(5) or (6)(a) of the Local Government Act 1999 (powers to deal with failure to comply with duties relating to best value authorities);
in the case of a Welsh local authority, a direction under section 106 or 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (intervention powers of Welsh Ministers);
in the case of a Scottish local authority, an enforcement direction under section 24 of the Local Government in Scotland Act 2003 (asp 1) relating wholly or partly to a failure of the authority to comply with its duties under section 1 of that Act (local authorities’ duty to secure best value);
“Scottish local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“statutory duty” means a duty imposed by or under any enactment, including—
a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and
an Act of the Scottish Parliament;
“statutory functions”, in relation to a public sector employer, means functions of a public nature which the employer is under a statutory duty to carry out;
“Welsh local authority” means—
a county council or county borough council in Wales;
a corporate joint committee established under Part 5 of the Local Government and Elections (Wales) Act 2021.
(13) The reference in subsection (9)(a) to a relevant intervention direction includes a relevant intervention direction given before the day on which the Employment Rights Act 2025 was passed.
104J Contracts of employment: variations that are not restricted variations
(1) This section applies to the dismissal of an employee if—
(a) the employee was employed for the purposes of a business carried on by the employer, and
(b) the reason (or, if more than one, the principal reason) for the dismissal is a reason within subsection (2) or (3).
(2) The reason within this subsection is that—
(a) the employer sought to vary the employee’s contract of employment,
(b) the variation was not a restricted variation or, where the employer sought to make more than one variation, none of the variations was a restricted variation, and
(c) the employee did not agree to the variation.
(3) The reason within this subsection is to enable the employer to employ another person, or to re-engage the employee, under a varied contract of employment to carry out the same duties, or substantially the same duties, as the employee carried out before being dismissed.
(4) For the purposes of subsection (3), a contract of employment is a “varied” contract of employment if—
(a) the terms of the contract are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and
(b) none of the differences between the two sets of terms constitutes a restricted variation;
and, in a case where subsection (3) applies, any reference in this section to the variation is to be read accordingly.
(5) The matters that must be considered in determining the question whether the dismissal is fair or unfair include the following—
(a) the reason for the variation;
(b) any consultation carried out by the employer with the employee about varying the employee’s contract of employment;
(c) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;
(d) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;
(e) anything offered to the employee by the employer in return for agreeing to the variation;
(f) any matters specified for the purposes of this subsection in regulations made by the Secretary of State.
(6) In this section—
“recognised”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);
“restricted variation” has the same meaning as in section 104I.
104K Redundancy: replacement of employees with people who are not employees
(1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if—
(a) the employee was employed for the purposes of a business carried on by the employer, and
(b) the reason (or, if more than one, the principal reason) for the dismissal is to enable the employer to replace the employee with an individual who is not an employee of the employer.
(2) For the purposes of this section—
(a) an employer replaces an employee with an individual who is not an employee of the employer if (and only if)—
(i) the individual, or the individual taken together with one or more employees of the employer or other individuals, is to carry out activities, in pursuance of a relevant contract, for the purposes of the employer’s business,
(ii) those activities are the same, or substantially the same, activities as the employee, or the employee taken together with one or more other employees of the employer, carried out before being dismissed, and
(iii) the employee’s dismissal is not wholly or mainly attributable to the fact that the requirements of the employer’s business for those activities to be carried out have ceased or diminished or are expected to cease or diminish;
and any reference in this section to replacing an employee is to be read accordingly;
(b) a reference to replacing an employee with an individual who is not an employee of the employer includes the case where the individual is the one who has been dismissed;
(c) “relevant contract”, in relation to an employer, means a contract, other than a contract of employment, to which the employer is a party (whether or not the individual carrying out activities in pursuance of the contract is a party to it).
(3) Subsection (1) does not apply in relation to an employee if on the effective date of termination the employee has not yet started work.
(4) In the case of an employer that is not a local authority, subsection (1) does not apply in relation to an employee if the employer shows that—
(a) the reason for the replacement was to eliminate, prevent or significantly reduce, or significantly mitigate the effect of, any financial difficulties which at the time of the dismissal were affecting, or were likely in the immediate future to affect—
(i) the employer’s ability to carry on the business as a going concern, or
(ii) where the employer is a public sector employer, the financial sustainability of carrying out the employer’s statutory functions, and
(b) in all the circumstances the employer could not reasonably have avoided the need to replace the employee.
(5) In the case of an employer that is a local authority, subsection (1) does not apply in relation to an employee if—
(a) at the time of the dismissal, a relevant intervention direction has effect in relation to the authority,
(b) the relevant intervention direction—
(i) specifies that the reason, or one of the reasons, for the giving of the direction is that the authority is undergoing financial difficulties, and
(ii) contains provision relating to the financial management or financial governance of the authority, and
(c) the authority shows that—
(i) the reason for the replacement was to eliminate or significantly reduce, or significantly mitigate the effect of, any of the financial difficulties referred to in paragraph (b)(i), and
(ii) in all the circumstances the authority could not reasonably have avoided the need to replace the employee.
(6) In determining whether—
(a) in the case of a public sector employer (other than a local authority), subsection (4)(b) is met, or
(b) in the case of a local authority, subsection (5)(c)(ii) is met,
an employment tribunal must apply the same principles as would be applied by a court on an application for judicial review.
(7) Where the employer shows that the conditions in paragraphs (a) and (b) of subsection (4) are met, or (where the employer is a local authority) the conditions in paragraphs (a), (b) and (c) of subsection (5) are met, the matters that must be considered in determining the question whether the dismissal is fair or unfair include the following—
(a) any consultation carried out by the employer with the employee about replacing the employee;
(b) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;
(c) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;
(d) any matters specified for the purposes of this subsection in regulations made by the Secretary of State.
(8) In this section—
“contract” means a contract whether express or implied and (if it is express) whether oral or in writing;
“English local authority” means—
a county council or district council in England;
a London borough council;
the Greater London Authority;
the Council of the Isles of Scilly;
the Common Council of the City of London in its capacity as a local authority, a police authority or a port health authority;
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“local authority” means—
an English local authority,
a Welsh local authority, or
a Scottish local authority;
“public sector employer” means a person that—
is wholly or mainly funded from public funds,
is under a statutory duty to carry out any functions of a public nature, and
so far as carrying out those functions, does not operate on a commercial basis;
“recognised”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);
“relevant intervention direction” means—
in the case of an English local authority, a direction under section 15(5) or (6)(a) of the Local Government Act 1999 (powers to deal with failure to comply with duties relating to best value authorities);
in the case of a Welsh local authority, a direction under section 106 or 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (intervention powers of Welsh Ministers);
in the case of a Scottish local authority, an enforcement direction under section 24 of the Local Government in Scotland Act 2003 (asp 1) relating wholly or partly to a failure of the authority to comply with its duties under section 1 of that Act (local authorities’ duty to secure best value);
“Scottish local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“statutory duty” means a duty imposed by or under any enactment, including—
a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and
an Act of the Scottish Parliament;
“statutory functions”, in relation to a public sector employer, means functions of a public nature which the employer is under a statutory duty to carry out;
“Welsh local authority” means—
a county council or county borough council in Wales;
a corporate joint committee established under Part 5 of the Local Government and Elections (Wales) Act 2021.
(9) The reference in subsection (5)(a) to a relevant intervention direction includes a relevant intervention direction given before the day on which the Employment Rights Act 2025 was passed.
(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—
(a) the reason (or, if more than one, the principal reason) for the dismissal is that the employee was redundant,
(b) it is shown that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by the employee and who have not been dismissed by the employer, and
(c) it is shown that any of subsections (2A) to (7N) applies.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in subsection (1) of section 98B (unless the case is one to which subsection (2) of that section applies).
(3) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in subsection (1) of section 100 (read with subsections (2) and (3) of that section).
(4) This subsection applies if either—
(a) the employee was a protected shop worker or an opted-out shop worker, or a protected betting worker or an opted-out betting worker, and the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was that specified in subsection (1) of section 101 (read with subsection (2) of that section), or
(b) the employee was a shop worker or a betting worker and the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was that specified in subsection (3) of that section.
(4A) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 101A.
(5) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was that specified in section 102(1).
(6) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was that specified in section 103.
(6A) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was that specified in section 103A.
(7) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in subsection (1) of section 104 (read with subsections (2) and (3) of that section).
(7A) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in subsection (1) of section 104A (read with subsection (2) of that section).
(7B) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in subsection (1) of section 104B (read with subsection (2) of that section).
(7BA) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104C.
(7BB) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104E.
(7C) This subsection applies if—
(a) the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was the reason mentioned in section 238A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (participation in official industrial action), ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7D) 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 28 of the Transnational Information and Consultation of Employees Regulations 1999 (read with paragraphs (4) and (7) of that regulation).
(7E) 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) of regulation 7 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (unless the case is one to which paragraph (4) of that regulation applies).
(7F) 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) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (unless the case is one to which paragraph (4) of that regulation applies).
(7G) 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 42 of the European Public Limited-Liability Company Regulations 2004 (read with paragraphs (4) and (7) of that regulation).
(7H) 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 30 of the Information and Consultation of Employees Regulations 2004 (read with paragraphs (4) and (7) of that regulation).
(7I) 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 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).
(7IA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7J) 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 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (read with paragraphs (4) and (7) of that regulation).
(7JA) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in subsection (1) of section 104D (read with subsection (2) of that section).
(7K) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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).
(7M) This subsection applies if—
(a) the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was the one specified in the opening words of section 104F(1), and
(b) the condition in paragraph (a) or (b) of that subsection was met.
(7N) 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—
(a) paragraph (3) of regulation 17 of the Agency Workers Regulations 2010 (unless the case is one to which paragraph (4) of that regulation applies); or
(b) paragraph (3) of regulation 5 of the Agency Workers (Amendment) Regulations 2019 (unless the case is one to which paragraph (4) of that regulation applies).
(8) For the purposes of section 36(2)(b) or 41(1)(b), the appropriate date in relation to this section is the effective date of termination.
(9) In this Part “redundancy case” means a case where paragraphs (a) and (b) of subsection (1) of this section are satisfied.
(1) Where this section applies to an employee he shall be regarded for the purposes of section 98(1)(b) as having been dismissed for a substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.
(2) This section applies to an employee where—
(a) on engaging him the employer informs him in writing that his employment will be terminated on the resumption of work by another employee who is, or will be, absent wholly or partly because of pregnancy or childbirth, or on adoption leaveor shared parental leave and
(b) the employer dismisses him in order to make it possible to give work to the other employee.
(3) This section also applies to an employee where—
(a) on engaging him the employer informs him in writing that his employment will be terminated on the end of a suspension of another employee from work on medical grounds or maternity grounds (within the meaning of Part VII), and
(b) the employer dismisses him in order to make it possible to allow the resumption of work by the other employee.
(4) Subsection (1) does not affect the operation of section 98(4) in a case to which this section applies.
(1) This section applies where there falls to be determined for the purposes of this Part a question—
(a) as to the reason, or principal reason, for which an employee was dismissed,
(b) whether the reason or principal reason for which an employee was dismissed was a reason fulfilling the requirement of section 98(1)(b), or
(c) whether an employer acted reasonably in treating the reason or principal reason for which an employee was dismissed as a sufficient reason for dismissing him.
(2) In determining the question no account shall be taken of any pressure which by calling, organising, procuring or financing a strike or other industrial action, or threatening to do so, was exercised on the employer to dismiss the employee; and the question shall be determined as if no such pressure had been exercised.
(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 two 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 “two years” there were substituted the words “ one month ”.
(3) Subsection (1) does not apply if—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa) subsection (1) of section 98B (read with subsection (2) of that section) applies,
(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,
(da) subsection (2) of section 101ZA applies (read with subsection (3) of that section) or subsection (4) of that section applies,
(dd) section 101A applies,
(e) section 102 applies,
(f) section 103 applies,
(ff) section 103A applies,
(g) subsection (1) of section 104 (read with subsections (2) and (3) of that section) applies, . . .
(gg) subsection (1) of section 104A (read with subsection (2) of that section) applies, . . .
(gh) subsection (1) of section 104B (read with subsection (2) of that section) applies, . . .
(gi) section 104C applies,
(gj) subsection (1) of section 104D (read with subsection (2) of that section) applies,
(gk) section 104E applies,
(gl) subsection (1) of section 104F (read with subsection (2) of that section) applies,
(gm) section 104G applies,
(h) section 105 applies,. . .
(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, . . .
(i) paragraph (1) of regulation 7 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 applies,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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, . . .
(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 ..., or
(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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,
(p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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, or
(r) paragraph (1) of regulation 17 of the Agency Workers Regulations 2010 applies
(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.
(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).
(1) Where a dismissal procedures agreement is designated by an order under subsection (3) which is for the time being in force—
(a) the provisions of that agreement relating to dismissal shall have effect in substitution for any rights under section 94, and
(b) accordingly, section 94 does not apply to the dismissal of an employee from any employment if it is employment to which, and he is an employee to whom, those provisions of the agreement apply.
(2) But if the agreement includes provision that it does not apply to dismissals of particular descriptions, subsection (1) does not apply in relation to a dismissal of any such description.
(3) An order designating a dismissal procedures agreement may be made by the Secretary of State, on an application being made to him jointly by all the parties to the agreement, if he is satisfied that—
(a) every trade union which is a party to the agreement is an independent trade union,
(b) the agreement provides for procedures to be followed in cases where an employee claims that he has been, or is in the course of being, unfairly dismissed,
(c) those procedures are available without discrimination to all employees falling within any description to which the agreement applies,
(d) the remedies provided by the agreement in respect of unfair dismissal are on the whole as beneficial as (but not necessarily identical with) those provided in respect of unfair dismissal by this Part,
(e) the agreement includes provision either for arbitration in every case or for—
(i) arbitration where (by reason of equality of votes or for any other reason) a decision under the agreement cannot otherwise be reached, and
(ii) a right to submit to arbitration any question of law arising out of such a decision, and
(f) the provisions of the agreement are such that it can be determined with reasonable certainty whether or not a particular employee is one to whom the agreement applies.
(4) If at any time when an order under subsection (3) is in force in relation to a dismissal procedures agreement the Secretary of State is satisfied, whether on an application made to him by any of the parties to the agreement or otherwise, either—
(a) that it is the desire of all the parties to the agreement that the order should be revoked, or
(b) that the agreement no longer satisfies all the conditions specified in subsection (3),
the Secretary of State shall revoke the order by an order under this subsection.
(5) The transitional provisions which may be made in an order under subsection (4) include, in particular, provisions directing—
(a) that an employee—
(i) shall not be excluded from his right under section 94 where the effective date of termination falls within a transitional period which ends with the date on which the order takes effect and which is specified in the order, and
(ii) shall have an extended time for presenting a complaint under section 111 in respect of a dismissal where the effective date of termination falls within that period, and
(b) that, where the effective date of termination falls within such a transitional period, an employment tribunal shall, in determining any complaint of unfair dismissal presented by an employee to whom the dismissal procedures agreement applies, have regard to such considerations as are specified in the order (in addition to those specified in this Part and section 10(4) and (5) of the Employment Tribunals Act 1996).
(6) Where an award is made under a designated dismissal procedures agreement—
(a) in England and Wales it may be enforced, by leave of the county court, in the same manner as a judgment of the court to the same effect and, where leave is given, judgment may be entered in terms of the award, and
(b) in Scotland it may be recorded for execution in the Books of Council and Session and shall be enforceable accordingly.
(1) A complaint may be presented to an employment tribunal against an employer by any person that he was unfairly dismissed by the employer.
(2) Subject to the following provisions of this section, an employment tribunal shall not consider a complaint under this section unless it is presented to the tribunal—
(a) before the end of the period of six months beginning with the effective date of termination, or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months.
(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).
(3) Where a dismissal is with notice, an employment tribunal shall consider a complaint under this section if it is presented after the notice is given but before the effective date of termination.
(4) In relation to a complaint which is presented as mentioned in subsection (3), the provisions of this Act, so far as they relate to unfair dismissal, have effect as if—
(a) references to a complaint by a person that he was unfairly dismissed by his employer included references to a complaint by a person that his employer has given him notice in such circumstances that he will be unfairly dismissed when the notice expires,
(b) references to reinstatement included references to the withdrawal of the notice by the employer,
(c) references to the effective date of termination included references to the date which would be the effective date of termination on the expiry of the notice, and
(d) references to an employee ceasing to be employed included references to an employee having been given notice of dismissal.
(5) Where the dismissal is alleged to be unfair by virtue of section 104F (blacklists),
(a) subsection (2)(b) does not apply, and
(b) an employment tribunal may consider a complaint that is otherwise out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
111A Confidentiality of negotiations before termination of employment
(1) Evidence of pre-termination negotiations is inadmissible in any proceedings on a complaint under section 111.
This is subject to subsections (3) to (5).
(2) In subsection (1) “ pre-termination negotiations ” means any offer made or discussions held, before the termination of the employment in question, with a view to it being terminated on terms agreed between the employer and the employee.
(3) Subsection (1) does not apply where, according to the complainant's case, the circumstances are such that a provision (whenever made) contained in, or made under, this or any other Act requires the complainant to be regarded for the purposes of this Part as unfairly dismissed.
(4) In relation to anything said or done which in the tribunal's opinion was improper, or was connected with improper behaviour, subsection (1) applies only to the extent that the tribunal considers just.
(5) Subsection (1) does not affect the admissibility, on any question as to costs or expenses, of evidence relating to an offer made on the basis that the right to refer to it on any such question is reserved.
(1) This section applies where, on a complaint under section 111, an employment tribunal finds that the grounds of the complaint are well-founded.
(2) The tribunal shall—
(a) explain to the complainant what orders may be made under section 113 and in what circumstances they may be made, and
(b) ask him whether he wishes the tribunal to make such an order.
(3) If the complainant expresses such a wish, the tribunal may make an order under section 113.
(4) If no order is made under section 113, the tribunal shall make an award of compensation for unfair dismissal (calculated in accordance with sections 118 to 126. . .) to be paid by the employer to the employee.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An order under this section may be—
(a) an order for reinstatement (in accordance with section 114), or
(b) an order for re-engagement (in accordance with section 115),
as the tribunal may decide.
(1) An order for reinstatement is an order that the employer shall treat the complainant in all respects as if he had not been dismissed.
(2) On making an order for reinstatement the tribunal shall specify—
(a) any amount payable by the employer in respect of any benefit which the complainant might reasonably be expected to have had but for the dismissal (including arrears of pay) for the period between the date of termination of employment and the date of reinstatement,
(b) any rights and privileges (including seniority and pension rights) which must be restored to the employee, and
(c) the date by which the order must be complied with.
(3) If the complainant would have benefited from an improvement in his terms and conditions of employment had he not been dismissed, an order for reinstatement shall require him to be treated as if he had benefited from that improvement from the date on which he would have done so but for being dismissed.
(4) In calculating for the purposes of subsection (2)(a) any amount payable by the employer, the tribunal shall take into account, so as to reduce the employer’s liability, any sums received by the complainant in respect of the period between the date of termination of employment and the date of reinstatement by way of—
(a) wages in lieu of notice or ex gratia payments paid by the employer, or
(b) remuneration paid in respect of employment with another employer,
and such other benefits as the tribunal thinks appropriate in the circumstances.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) An order for re-engagement is an order, on such terms as the tribunal may decide, that the complainant be engaged by the employer, or by a successor of the employer or by an associated employer, in employment comparable to that from which he was dismissed or other suitable employment.
(2) On making an order for re-engagement the tribunal shall specify the terms on which re-engagement is to take place, including—
(a) the identity of the employer,
(b) the nature of the employment,
(c) the remuneration for the employment,
(d) any amount payable by the employer in respect of any benefit which the complainant might reasonably be expected to have had but for the dismissal (including arrears of pay) for the period between the date of termination of employment and the date of re-engagement,
(e) any rights and privileges (including seniority and pension rights) which must be restored to the employee, and
(f) the date by which the order must be complied with.
(3) In calculating for the purposes of subsection (2)(d) any amount payable by the employer, the tribunal shall take into account, so as to reduce the employer’s liability, any sums received by the complainant in respect of the period between the date of termination of employment and the date of re-engagement by way of—
(a) wages in lieu of notice or ex gratia payments paid by the employer, or
(b) remuneration paid in respect of employment with another employer,
and such other benefits as the tribunal thinks appropriate in the circumstances.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In exercising its discretion under section 113 the tribunal shall first consider whether to make an order for reinstatement and in so doing shall take into account—
(a) whether the complainant wishes to be reinstated,
(b) whether it is practicable for the employer to comply with an order for reinstatement, and
(c) where the complainant caused or contributed to some extent to the dismissal, whether it would be just to order his reinstatement.
(2) If the tribunal decides not to make an order for reinstatement it shall then consider whether to make an order for re-engagement and, if so, on what terms.
(3) In so doing the tribunal shall take into account—
(a) any wish expressed by the complainant as to the nature of the order to be made,
(b) whether it is practicable for the employer (or a successor or an associated employer) to comply with an order for re-engagement, and
(c) where the complainant caused or contributed to some extent to the dismissal, whether it would be just to order his re-engagement and (if so) on what terms.
(4) Except in a case where the tribunal takes into account contributory fault under subsection (3)(c) it shall, if it orders re-engagement, do so on terms which are, so far as is reasonably practicable, as favourable as an order for reinstatement.
(5) Where in any case an employer has engaged a permanent replacement for a dismissed employee, the tribunal shall not take that fact into account in determining, for the purposes of subsection (1)(b) or (3)(b), whether it is practicable to comply with an order for reinstatement or re-engagement.
(6) Subsection (5) does not apply where the employer shows—
(a) that it was not practicable for him to arrange for the dismissed employee’s work to be done without engaging a permanent replacement, or
(b) that—
(i) he engaged the replacement after the lapse of a reasonable period, without having heard from the dismissed employee that he wished to be reinstated or re-engaged, and
(ii) when the employer engaged the replacement it was no longer reasonable for him to arrange for the dismissed employee’s work to be done except by a permanent replacement.
(1) An employment tribunal shall make an award of compensation, to be paid by the employer to the employee, if—
(a) an order under section 113 is made and the complainant is reinstated or re-engaged, but
(b) the terms of the order are not fully complied with.
(2) Subject to section 124 . . ., the amount of the compensation shall be such as the tribunal thinks fit having regard to the loss sustained by the complainant in consequence of the failure to comply fully with the terms of the order.
(2A) There shall be deducted from any award under subsection (1) the amount of any award made under section 112(5) at the time of the order under section 113.
(3) Subject to subsections (1) and (2) . . ., if an order under section 113 is made but the complainant is not reinstated or re-engaged in accordance with the order, the tribunal shall make—
(a) an award of compensation for unfair dismissal (calculated in accordance with sections 118 to 126), and
(b) except where this paragraph does not apply, an additional award of compensation of an amount not less than twenty-six nor more than fifty-two weeks’ pay,
to be paid by the employer to the employee.
(4) Subsection (3)(b) does not apply where—
(a) the employer satisfies the tribunal that it was not practicable to comply with the order, . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Where in any case an employer has engaged a permanent replacement for a dismissed employee, the tribunal shall not take that fact into account in determining for the purposes of subsection (4)(a) whether it was practicable to comply with the order for reinstatement or re-engagement unless the employer shows that it was not practicable for him to arrange for the dismissed employee’s work to be done without engaging a permanent replacement.
(8) Where in any case an employment tribunal finds that the complainant has unreasonably prevented an order under section 113 from being complied with, in making an award of compensation for unfair dismissal . . . it shall take that conduct into account as a failure on the part of the complainant to mitigate his loss.
(1) Subject to the provisions of this section, sections 120 to 122 and section 126, the amount of the basic award shall be calculated by—
(a) determining the period, ending with the effective date of termination, during which the employee has been continuously employed,
(b) reckoning backwards from the end of that period the number of years of employment falling within that period, and
(c) allowing the appropriate amount for each of those years of employment.
(2) In subsection (1)(c) “the appropriate amount” means—
(a) one and a half weeks’ pay for a year of employment in which the employee was not below the age of forty-one,
(b) one week’s pay for a year of employment (not within paragraph (a)) in which he was not below the age of twenty-two, and
(c) half a week’s pay for a year of employment not within paragraph (a) or (b).
(3) Where twenty years of employment have been reckoned under subsection (1), no account shall be taken under that subsection of any year of employment earlier than those twenty years.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The amount of the basic award (before any reduction under section 122) shall not be less than £9,157 where the reason (or, if more than one, the principal reason)—
(a) in a redundancy case, for selecting the employee for dismissal, or
(b) otherwise, for the dismissal,
is one of those specified in section 100(1)(a) and (b), 101A(d), 102(1) or 103.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1C) Where an employee is regarded as unfairly dismissed by virtue of section 104F (blacklists) (whether or not the dismissal is unfair or regarded as unfair for any other reason), the amount of the basic award of compensation (before any reduction is made under section 122) shall not be less than £5,000.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
121 Basic award of two weeks’ pay in certain cases.
The amount of the basic award shall be two weeks’ pay where the tribunal finds that the reason (or, where there is more than one, the principal reason) for the dismissal of the employee is that he was redundant and the employee—
(a) by virtue of section 138 is not regarded as dismissed for the purposes of Part XI, or
(b) by virtue of section 141 is not, or (if he were otherwise entitled) would not be, entitled to a redundancy payment.
(1) Where the tribunal finds that the complainant has unreasonably refused an offer by the employer which (if accepted) would have the effect of reinstating the complainant in his employment in all respects as if he had not been dismissed, the tribunal shall reduce or further reduce the amount of the basic award to such extent as it considers just and equitable having regard to that finding.
(2) Where the tribunal considers that any conduct of the complainant before the dismissal (or, where the dismissal was with notice, before the notice was given) was such that it would be just and equitable to reduce or further reduce the amount of the basic award to any extent, the tribunal shall reduce or further reduce that amount accordingly.
(3) Subsection (2) does not apply in a redundancy case unless the reason for selecting the employee for dismissal was one of those specified in section 100(1)(a) and (b), 101A(d), 102(1) or 103; and in such a case subsection (2) applies only to so much of the basic award as is payable because of section 120.
(3A) Where the complainant has been awarded any amount in respect of the dismissal under a designated dismissal procedures agreement, the tribunal shall reduce or further reduce the amount of the basic award to such extent as it considers just and equitable having regard to that award.
(4) The amount of the basic award shall be reduced or further reduced by the amount of—
(a) any redundancy payment awarded by the tribunal under Part XI in respect of the same dismissal, or
(b) any payment made by the employer to the employee on the ground that the dismissal was by reason of redundancy (whether in pursuance of Part XI or otherwise).
(5) Where a dismissal is regarded as unfair by virtue of section 104F (blacklists), the amount of the basic award shall be reduced or further reduced by the amount of any basic award in respect of the same dismissal under section 156 of the Trade Union and Labour Relations (Consolidation) Act 1992 (minimum basic award in case of dismissal on grounds related to trade union membership or activities).
(1) Subject to the provisions of this section and sections 124 , 124A and 126 , the amount of the compensatory award shall be such amount as the tribunal considers just and equitable in all the circumstances having regard to the loss sustained by the complainant in consequence of the dismissal in so far as that loss is attributable to action taken by the employer.
(2) The loss referred to in subsection (1) shall be taken to include—
(a) any expenses reasonably incurred by the complainant in consequence of the dismissal, and
(b) subject to subsection (3), loss of any benefit which he might reasonably be expected to have had but for the dismissal.
(3) The loss referred to in subsection (1) shall be taken to include in respect of any loss of—
(a) any entitlement or potential entitlement to a payment on account of dismissal by reason of redundancy (whether in pursuance of Part XI or otherwise), or
(b) any expectation of such a payment,
only the loss referable to the amount (if any) by which the amount of that payment would have exceeded the amount of a basic award (apart from any reduction under section 122) in respect of the same dismissal.
(4) In ascertaining the loss referred to in subsection (1) the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.
(5) In determining, for the purposes of subsection (1), how far any loss sustained by the complainant was attributable to action taken by the employer, no account shall be taken of any pressure which by—
(a) calling, organising, procuring or financing a strike or other industrial action, or
(b) threatening to do so,
was exercised on the employer to dismiss the employee; and that question shall be determined as if no such pressure had been exercised.
(6) Where the tribunal finds that the dismissal was to any extent caused or contributed to by any action of the complainant, it shall reduce the amount of the compensatory award by such proportion as it considers just and equitable having regard to that finding.
(6A) Where—
(a) the reason (or principal reason) for the dismissal is that the complainant made a protected disclosure, and
(b) it appears to the tribunal that the disclosure was not made in good faith,
the tribunal may, if it considers it just and equitable in all the circumstances to do so, reduce any award it makes to the complainant by no more than 25%.
(7) If the amount of any payment made by the employer to the employee on the ground that the dismissal was by reason of redundancy (whether in pursuance of Part XI or otherwise) exceeds the amount of the basic award which would be payable but for section 122(4), that excess goes to reduce the amount of the compensatory award.
(8) Where the amount of the compensatory award falls to be calculated for the purposes of an award under section 117(3)(a), there shall be deducted from the compensatory award any award made under section 112(5) at the time of the order under section 113.
(1) The amount of—
(a) any compensation awarded to a person under section 117(1) and (2), or
(b) a compensatory award to a person calculated in accordance with section 123,
shall not exceed the amount specified in subsection (1ZA).
(1ZA) The amount specified in this subsection is the lower of—
(a) £123,543, and
(b) 52 multiplied by a week’s pay of the person concerned.
(1A) Subsection (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of section 100, 103A, 105(3) or 105(6A).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In the case of compensation awarded to a person under section 117(1) and (2), the limit imposed by this section may be exceeded to the extent necessary to enable the award fully to reflect the amount specified as payable under section 114(2)(a) or section 115(2)(d).
(4) Where—
(a) a compensatory award is an award under paragraph (a) of subsection (3) of section 117, and
(b) an additional award falls to be made under paragraph (b) of that subsection,
the limit imposed by this section on the compensatory award may be exceeded to the extent necessary to enable the aggregate of the compensatory and additional awards fully to reflect the amount specified as payable under section 114(2)(a) or section 115(2)(d).
(5) The limit imposed by this section applies to the amount which the employment tribunal would, apart from this section, award in respect of the subject matter of the complaint after taking into account—
(a) any payment made by the respondent to the complainant in respect of that matter, and
(b) any reduction in the amount of the award required by any enactment or rule of law.
Where an award of compensation for unfair dismissal falls to be—
(a) reduced or increased under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 (effect of failure to comply with Code: adjustment of awards), or
(b) increased under section 38 of that Act (failure to give statement of employment particulars),
the adjustment shall be in the amount awarded under section 118(1)(b) and shall be applied immediately before any reduction under section 123(6) or (7).
126 Acts which are both unfair dismissal and discrimination.
(1) This section applies where compensation falls to be awarded in respect of any act both under—
(a) the provisions of this Act relating to unfair dismissal, and
(b) the Equality Act 2010.
(2) An employment tribunal shall not award compensation under either of those Acts in respect of any loss or other matter which is or has been taken into account under the other by the tribunal (or another employment tribunal) in awarding compensation on the same or another complaint in respect of that act.
128 Interim relief pending determination of complaint.
(1) An employee who presents a complaint to an employment tribunal that he has been unfairly dismissed and—
(a) that the reason (or if more than one the principal reason) for the dismissal is one of those specified in—
(i) section 100(1)(a) and (b), 101A(1)(d), 102(1), 103 or 103A, or
(ii) paragraph 161(2) of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992, or
(b) that the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was the one specified in the opening words of section 104F(1) and the condition in paragraph (a) or (b) of that subsection was met,
may apply to the tribunal for interim relief.
(2) The tribunal shall not entertain an application for interim relief unless it is presented to the tribunal before the end of the period of seven days immediately following the effective date of termination (whether before, on or after that date).
(3) The tribunal shall determine the application for interim relief as soon as practicable after receiving the application.
(4) The tribunal shall give to the employer not later than seven days before the date of the hearing a copy of the application together with notice of the date, time and place of the hearing.
(5) The tribunal shall not exercise any power it has of postponing the hearing of an application for interim relief except where it is satisfied that special circumstances exist which justify it in doing so.
129 Procedure on hearing of application and making of order.
(1) This section applies where, on hearing an employee's application for interim relief, it appears to the tribunal that it is likely that on determining the complaint to which the application relates the tribunal will find—
(a) that the reason (or if more than one the principal reason) for the dismissal is one of those specified in—
(i) section 100(1)(a) and (b), 101A(1)(d), 102(1), 103 or 103A, or
(ii) paragraph 161(2) of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992, or
(b) that the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was the one specified in the opening words of section 104F(1) and the condition in paragraph (a) or (b) of that subsection was met.
(2) The tribunal shall announce its findings and explain to both parties (if present)—
(a) what powers the tribunal may exercise on the application, and
(b) in what circumstances it will exercise them.
(3) The tribunal shall ask the employer (if present) whether he is willing, pending the determination or settlement of the complaint—
(a) to reinstate the employee (that is, to treat him in all respects as if he had not been dismissed), or
(b) if not, to re-engage him in another job on terms and conditions not less favourable than those which would have been applicable to him if he had not been dismissed.
(4) For the purposes of subsection (3)(b) “terms and conditions not less favourable than those which would have been applicable to him if he had not been dismissed” means, as regards seniority, pension rights and other similar rights, that the period prior to the dismissal should be regarded as continuous with his employment following the dismissal.
(5) If the employer states that he is willing to reinstate the employee, the tribunal shall make an order to that effect.
(6) If the employer—
(a) states that he is willing to re-engage the employee in another job, and
(b) specifies the terms and conditions on which he is willing to do so,
the tribunal shall ask the employee whether he is willing to accept the job on those terms and conditions.
(7) If the employee is willing to accept the job on those terms and conditions, the tribunal shall make an order to that effect.
(8) If the employee is not willing to accept the job on those terms and conditions—
(a) where the tribunal is of the opinion that the refusal is reasonable, the tribunal shall make an order for the continuation of his contract of employment, and
(b) otherwise, the tribunal shall make no order.
(9) If on the hearing of an application for interim relief the employer—
(a) fails to attend before the tribunal, or
(b) states that he is unwilling either to reinstate or re-engage the employee as mentioned in subsection (3),
the tribunal shall make an order for the continuation of the employee’s contract of employment.
130 Order for continuation of contract of employment.
(1) An order under section 129 for the continuation of a contract of employment is an order that the contract of employment continue in force—
(a) for the purposes of pay or any other benefit derived from the employment, seniority, pension rights and other similar matters, and
(b) for the purposes of determining for any purpose the period for which the employee has been continuously employed,
from the date of its termination (whether before or after the making of the order) until the determination or settlement of the complaint.
(2) Where the tribunal makes such an order it shall specify in the order the amount which is to be paid by the employer to the employee by way of pay in respect of each normal pay period, or part of any such period, falling between the date of dismissal and the determination or settlement of the complaint.
(3) Subject to the following provisions, the amount so specified shall be that which the employee could reasonably have been expected to earn during that period, or part, and shall be paid—
(a) in the case of a payment for any such period falling wholly or partly after the making of the order, on the normal pay day for that period, and
(b) in the case of a payment for any past period, within such time as may be specified in the order.
(4) If an amount is payable in respect only of part of a normal pay period, the amount shall be calculated by reference to the whole period and reduced proportionately.
(5) Any payment made to an employee by an employer under his contract of employment, or by way of damages for breach of that contract, in respect of a normal pay period, or part of any such period, goes towards discharging the employer’s liability in respect of that period under subsection (2); and, conversely, any payment under that subsection in respect of a period goes towards discharging any liability of the employer under, or in respect of breach of, the contract of employment in respect of that period.
(6) If an employee, on or after being dismissed by his employer, receives a lump sum which, or part of which, is in lieu of wages but is not referable to any normal pay period, the tribunal shall take the payment into account in determining the amount of pay to be payable in pursuance of any such order.
(7) For the purposes of this section, the amount which an employee could reasonably have been expected to earn, his normal pay period and the normal pay day for each such period shall be determined as if he had not been dismissed.
131 Application for variation or revocation of order.
(1) At any time between—
(a) the making of an order under section 129, and
(b) the determination or settlement of the complaint,
the employer or the employee may apply to an employment tribunal for the revocation or variation of the order on the ground of a relevant change of circumstances since the making of the order.
(2) Sections 128 and 129 apply in relation to such an application as in relation to an original application for interim relief except that, in the case of an application by the employer, section 128(4) has effect with the substitution of a reference to the employee for the reference to the employer.
(1) If, on the application of an employee, an employment tribunal is satisfied that the employer has not complied with the terms of an order for the reinstatement or re-engagement of the employee under section 129(5) or (7), the tribunal shall—
(a) make an order for the continuation of the employee’s contract of employment, and
(b) order the employer to pay compensation to the employee.
(2) Compensation under subsection (1)(b) shall be of such amount as the tribunal considers just and equitable in all the circumstances having regard—
(a) to the infringement of the employee’s right to be reinstated or re-engaged in pursuance of the order, and
(b) to any loss suffered by the employee in consequence of the non-compliance.
(3) Section 130 applies to an order under subsection (1)(a) as in relation to an order under section 129.
(4) If on the application of an employee an employment tribunal is satisfied that the employer has not complied with the terms of an order for the continuation of a contract of employment subsection (5) or (6) applies.
(5) Where the non-compliance consists of a failure to pay an amount by way of pay specified in the order—
(a) the tribunal shall determine the amount owed by the employer on the date of the determination, and
(b) if on that date the tribunal also determines the employee’s complaint that he has been unfairly dismissed, it shall specify that amount separately from any other sum awarded to the employee.
(6) In any other case, the tribunal shall order the employer to pay the employee such compensation as the tribunal considers just and equitable in all the circumstances having regard to any loss suffered by the employee in consequence of the non-compliance.
(1) Where—
(a) an employer has given notice to an employee to terminate his contract of employment, and
(b) before that termination the employee or the employer dies,
this Part applies as if the contract had been duly terminated by the employer by notice expiring on the date of the death.
(2) Where—
(a) an employee’s contract of employment has been terminated,
(b) by virtue of subsection (2) or (4) of section 97 a date later than the effective date of termination as defined in subsection (1) of that section is to be treated for certain purposes as the effective date of termination, and
(c) the employer or the employee dies before that date,
subsection (2) or (4) of section 97 applies as if the notice referred to in that subsection as required by section 86 expired on the date of the death.
(3) Where an employee has died, sections 113 to 116 do not apply; and, accordingly, if the employment tribunal finds that the grounds of the complaint are well-founded, the case shall be treated as falling within section 112(4) as a case in which no order is made under section 113.
(4) Subsection (3) does not prejudice an order for reinstatement or re-engagement made before the employee’s death.
(5) Where an order for reinstatement or re-engagement has been made and the employee dies before the order is complied with—
(a) if the employer has before the death refused to reinstate or re-engage the employee in accordance with the order, subsections (3) to (6) of section 117 apply, and an award shall be made under subsection (3)(b) of that section, unless the employer satisfies the tribunal that it was not practicable at the time of the refusal to comply with the order, and
(b) if there has been no such refusal, subsections (1) and (2) of that section apply if the employer fails to comply with any ancillary terms of the order which remain capable of fulfilment after the employee’s death as they would apply to such a failure to comply fully with the terms of an order where the employee had been reinstated or re-engaged.
(1) Where a teacher in a foundation, voluntary aided or foundation special school is dismissed by the governing body of the school in pursuance of a requirement of the local authority under paragraph 7 of Schedule 2 to the Education Act 2002, this Part has effect in relation to the dismissal as if—
(a) the local authority had at all material times been the teacher’s employer,
(b) the local authority had dismissed him, and
(c) the reason or principal reason for which they did so had been the reason or principal reason for which they required his dismissal.
(2) For the purposes of a complaint under section 111 as it has effect by virtue of subsection (1)—
(a) section 117(4)(a) applies as if for the words “not practicable to comply” there were substituted the words “ not practicable for the local education authority to permit compliance ”, and
(b) section 123(5) applies as if the references in it to the employer were to the local authority.
(3) In this section “ local authority ” has the meaning given by section 579(1) of the Education Act 1996.