SCHEDULES

F1F2SCHEDULE 5A Rights of Betting Workers as Respects Sunday Working

Annotations:
Amendments (Textual)
F1

Sch. 5A (paras. 1-22) inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8

F2

Sch. 5A paras. 1-20 and 22 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I.

Sch. 5A para. 21 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I.

F3Right not to be dismissed for refusing Sunday work

Annotations:
Amendments (Textual)
F3

Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.

F48

1

Where the reason or principal reason for the dismissal of a protected or opted-out betting worker was that he was redundant, but it is shown—

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) for which he was selected for dismissal was that specified in paragraph 7(1) above,

then, for the purposes of Part V of the 1978 Act, the dismissal shall be regarded as unfair.

2

Sub-paragraph (1) above does not apply in relation to an opted-out betting worker where the reason (or principal reason) for which he was selected for dismissal was that specified in paragraph 7(2) above.

3

Where the reason or principal reason for the dismissal of a betting worker was that he was redundant, but it is shown—

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) for which he was selected for dismissal was that specified in paragraph 7(3) above,

then, for the purposes of Part V of the 1978 Act, the dismissal shall be regarded as unfair.