162. For the purposes of Part XI of the Employment Rights Order (unfair dismissal) the dismissal of an employee shall be regarded as unfair if the reason or principal reason for the dismissal was that he was redundant but it is shown—N.I.
(a)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 him and who have not been dismissed by the employer, and
(b)that the reason (or, if more than one, the principal reason) why he was selected for dismissal was one falling within paragraph 161(2).
Para. 163 rep. by 1999 NI 9