the contract under which he is employed is terminated by the employer (whether with or without notice),

he is employed under a limited-term contract and that contract terminates by virtue of the limiting event without being renewed under the same contract, or

the employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer’s conduct.

the employer gives notice to the employee to terminate his contract of employment, and

at a time within the period of that notice the employee gives notice to the employer to terminate the contract of employment on a date earlier than the date on which the employer’s notice is due to expire;

in relation to an employee whose contract of employment is terminated by notice, whether given by his employer or by the employee, means the date on which the notice expires,

in relation to an employee whose contract of employment is terminated without notice, means the date on which the termination takes effect, and

in relation to an employee who is employed under a limited-term contract which terminates by virtue of the limiting event without being renewed under the same contract, means the date on which the termination takes effect.

the contract of employment is terminated by the employer, and

the notice required by section 86 to be given by an employer would, if duly given on the material date, expire on a date later than the effective date of termination (as defined by subsection (1)),

the date when notice of termination was given by the employer, or

where no notice was given, the date when the contract of employment was terminated by the employer.

the contract of employment is terminated by the employee,

the material date does not fall during a period of notice given by the employer to terminate that contract, and

had the contract been terminated not by the employee but by notice given on the material date by the employer, that notice would have been required by section 86 to expire on a date later than the effective date of termination (as defined by subsection (1)),

the date when notice of termination was given by the employee, or

where no notice was given, the date when the contract of employment was terminated by the employee.

the reason (or, if more than one, the principal reason) for the dismissal, and

that it is either a reason falling within subsection (2) or some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.

relates to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do,

relates to the conduct of the employee,

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

is that the employee was redundant, or

is that the employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or under an enactment.

“capability”, in relation to an employee, means his capability assessed by reference to skill, aptitude, health or any other physical or mental quality, and

“qualifications”, in relation to an employee, means any degree, diploma or other academic, technical or professional qualification relevant to the position which he held.

depends on whether in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee, and

shall be determined in accordance with equity and the substantial merits of the case.

sections F1498A to 107 of this Act, and

sections 152, 153 F15, 238 and 238A of the M2Trade Union and Labour Relations (Consolidation) Act 1992 (dismissal on ground of trade union membership or activities or in connection with industrial action).

has been summoned under the Juries Act 1974, F191Part 1 of the Coroners and Justice Act 2009, the Court of Session Act 1988 or the Criminal Procedure (Scotland) Act 1995 to attend for service as a juror, or

has been absent from work because he attended at any place in pursuance of being so summoned.

that the circumstances were such that the employee’s absence in pursuance of being so summoned was likely to cause substantial injury to the employer’s undertaking,

that the employer brought those circumstances to the attention of the employee,

that the employee refused or failed to apply to the appropriate officer for excusal from or a deferral of the obligation to attend in pursuance of being so summoned, and

that the refusal or failure was not reasonable.

in the case of a person who has been summoned under the Juries Act 1974, the officer designated for the purposes of section 8, 9 or, as the case may be, 9A of that Act;

in the case of a person who has been summoned under the Coroners Act 1988, a person who is the appropriate officer for the purposes of any rules made under subsection (1) of section 32 of that Act by virtue of subsection (2) of that section;

the reason or principal reason for the dismissal is of a prescribed kind, or

the dismissal takes place in prescribed circumstances.

pregnancy, childbirth or maternity,

time off under section 57ZE,

time off under section 57ZJ or 57ZL,

ordinary, compulsory or additional maternity leave,

ordinary or additional adoption leave,

shared parental leave,

parental leave,

F209paternity leave, or

time off under section 57A;

takes,

agrees to take, or

refuses to take,

make different provision for different cases or circumstances;

apply any enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to persons regarded as unfairly dismissed by reason of this section.

having been designated by the employer to carry out activities in connection with preventing or reducing risks to health and safety at work, the employee carried out (or proposed to carry out) any such activities,

in circumstances of danger which the employee reasonably believed to be serious and imminent and which he could not reasonably have been expected to avert, he left (or proposed to leave) or (while the danger persisted) refused to return to his place of work or any dangerous part of his place of work, or

in circumstances of danger which the employee reasonably believed to be serious and imminent, he took (or proposed to take) appropriate steps to protect himself or other persons from the danger.

a protected shop worker or an opted-out shop worker, or

a protected betting worker or an opted-out betting worker,

refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of the M3 Working Time Regulations 1998,

refused (or proposed to refuse) to forgo a right conferred on him by those Regulations,

failed to sign a workforce agreement for the purposes of those Regulations, or to enter into, or agree to vary or extend, any other agreement with his employer which is provided for in those Regulations, or

the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.

the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.

the Cross-border Railway Services (Working Time) Regulations 2008

the Merchant Shipping (Hours of Work) Regulations 2002.

an employee representative for the purposes of Chapter II of Part IV of the M5Trade Union and Labour Relations (Consolidation) Act 1992 (redundancies) or F37regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006, or

a candidate in an election in which any person elected will, on being elected, be such an employee representative,

brought proceedings against the employer to enforce a right of his which is a relevant statutory right, or

alleged that the employer had infringed a right of his which is a relevant statutory right.

whether or not the employee has the right, or

whether or not the right has been infringed;

any right conferred by this Act for which the remedy for its infringement is by way of a complaint or reference to an F41employment tribunal,

the right conferred by section 86 of this Act, F42. . .

the rights conferred by sections 68, 86, F43145A, 145B, 146, 168, F44168A, 169 and 170 of the Trade Union and Labour Relations (Consolidation) Act 1992 (deductions from pay, union activities and time off) F46F45. . .

the rights conferred by the Working Time Regulations 1998, F199the Merchant Shipping (Hours of Work) Regulations 2002, the Merchant Shipping (Working Time: Inland Waterway) Regulations 2003 F49, the Fishing Vessels (Working Time: Sea-fisherman) Regulations 2004 or the Cross-border Railway Services (Working Time) Regulations 2008.F50, and

the rights conferred by the Transfer of Undertakings (Protection of Employment) Regulations 2006.

any action was taken, or was proposed to be taken, by or on behalf of the employee with a view to enforcing, or otherwise securing the benefit of, a right of the employee’s to which this section applies; or

the employer was prosecuted for an offence under section 31 of the National Minimum Wage Act 1998 as a result of action taken by or on behalf of the employee for the purpose of enforcing, or otherwise securing the benefit of, a right of the employee’s to which this section applies; or

the employee qualifies, or will or might qualify, for the national minimum wage or for a particular rate of national minimum wage.

whether or not the employee has the right, or

whether or not the right has been infringed,

any right conferred by, or by virtue of, any provision of the National Minimum Wage Act 1998 for which the remedy for its infringement is by way of a complaint to an employment tribunal; and

any right conferred by section 17 of the National Minimum Wage Act 1998 (worker receiving less than national minimum wage entitled to additional remuneration).

any action was taken, or was proposed to be taken, by or on behalf of the employee with a view to enforcing, or otherwise securing the benefit of, a right conferred on the employee by regulations under section 25 of the Tax Credits Act 2002,

a penalty was imposed on the employer, or proceedings for a penalty were brought against him, under that Act, as a result of action taken by or on behalf of the employee for the purpose of enforcing, or otherwise securing the benefit of, such a right, or

the employee is entitled, or will or may be entitled, to working tax credit.

whether or not the employee has the right, or

whether or not the right has been infringed,

any action was taken, or was proposed to be taken, with a view to enforcing in favour of the employee a requirement to which this section applies;

the employer was prosecuted for an offence under section 45 of the Pensions Act 2008 as a result of action taken for the purpose of enforcing in favour of the employee a requirement to which this section applies; or

any provision of Chapter 1 of that Part of that Act applies to the employee, or will or might apply.

whether or not the requirement applies in favour of the employee, or

whether or not the requirement has been contravened,

the employer contravenes regulation 3 of the 2010 Regulations in relation to that prohibited list, or

contravened regulation 3 of the 2010 Regulations, or

relied on information supplied in contravention of that regulation,

the reason (or, if more than one, the principal reason) for the dismissal is that the employee was redundant,

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

it is shown that any of subsections F56(2A) to F57(7N) applies.

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

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.

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), and

subsection (3), (4) or (5) of that section applies to the dismissal.

paragraph (2) of regulation 46 of the Companies (Cross-Border Mergers) Regulations 2007 (read with paragraphs (3) and (4) of that regulation); or

paragraph (2) of regulation 47 of the Companies (Cross-Border Mergers) Regulations 2007 (read with paragraph (3) of that regulation).

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.

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, F80or on adoption leaveF81or F207shared parental leave and

the employer dismisses him in order to make it possible to give work to the other employee.

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

the employer dismisses him in order to make it possible to allow the resumption of work by the other employee.

as to the reason, or principal reason, for which an employee was dismissed,

whether the reason or principal reason for which an employee was dismissed was a reason fulfilling the requirement of section 98(1)(b), or

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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

subsection (1) of section 98B (read with subsection (2) of that section) applies,

subsection (1) of section 99 (read with any regulations made under that section) applies,

subsection (1) of section 100 (read with subsections (2) and (3) of that section) applies,

subsection (1) of section 101 (read with subsection (2) of that section) or subsection (3) of that section applies,

subsection (2) of section 101ZA applies (read with subsection (3) of that section) or subsection (4) of that section applies,

section 101A applies,

section 102 applies,

section 103 applies,

section 103A applies,

subsection (1) of section 104 (read with subsections (2) and (3) of that section) applies, F92. . .

subsection (1) of section 104A (read with subsection (2) of that section) applies, F94 . . .

subsection (1) of section 104B (read with subsection (2) of that section) applies, F96 . . .

section 104C applies,

subsection (1) of section 104D (read with subsection (2) of that section) applies,

section 104E applies,

subsection (1) of section 104F (read with subsection (2) of that section) applies,

section 104G applies,

section 105 applies,F101F100. . .

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, F103F102 . . .

paragraph (1) of regulation 7 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 applies,

paragraph (1) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 applies,

F107F106 . . .

paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations 2004 applies,

F109F108 . . .

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,F111F110 . . .

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) appliesF112...F113, or

F114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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,

F116F115 . . .

regulation 46 or 47 of the Companies (Cross-Border Mergers) Regulations 2007 applies F117 . . .

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, F119 or

paragraph (1) of regulation 17 of the Agency Workers Regulations 2010 applies

the provisions of that agreement relating to dismissal shall have effect in substitution for any rights under section 94, and

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.

every trade union which is a party to the agreement is an independent trade union,

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,

those procedures are available without discrimination to all employees falling within any description to which the agreement applies,

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,

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.

that it is the desire of all the parties to the agreement that the order should be revoked, or

that the agreement no longer satisfies all the conditions specified in subsection (3),

that, where the effective date of termination falls within such a transitional period, an F123employment 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 F123the Employment Tribunals Act 1996).

in England and Wales it may be enforced, by leave of F201the 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

in Scotland it may be recorded for execution in the Books of Council and Session and shall be enforceable accordingly.

before the end of the period of three months beginning with the effective date of termination, or

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 three months.

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,

references to reinstatement included references to the withdrawal of the notice by the employer,

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

references to an employee ceasing to be employed included references to an employee having been given notice of dismissal.

subsection (2)(b) does not apply, and

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.

explain to the complainant what orders may be made under section 113 and in what circumstances they may be made, and

ask him whether he wishes the tribunal to make such an order.

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,

any rights and privileges (including seniority and pension rights) which must be restored to the employee, and

the date by which the order must be complied with.

wages in lieu of notice or ex gratia payments paid by the employer, or

remuneration paid in respect of employment with another employer,

the identity of the employer,

the nature of the employment,

the remuneration for the employment,

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,

any rights and privileges (including seniority and pension rights) which must be restored to the employee, and

the date by which the order must be complied with.

wages in lieu of notice or ex gratia payments paid by the employer, or

remuneration paid in respect of employment with another employer,

whether the complainant wishes to be reinstated,

whether it is practicable for the employer to comply with an order for reinstatement, and

where the complainant caused or contributed to some extent to the dismissal, whether it would be just to order his reinstatement.

any wish expressed by the complainant as to the nature of the order to be made,

whether it is practicable for the employer (or a successor or an associated employer) to comply with an order for re-engagement, and

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.

that it was not practicable for him to arrange for the dismissed employee’s work to be done without engaging a permanent replacement, or

an order under section 113 is made and the complainant is reinstated or re-engaged, but

the terms of the order are not fully complied with.

an award of compensation for unfair dismissal (calculated in accordance with sections 118 to F140126), and

except where this paragraph does not apply, an additional award of compensation of F141an amount not less than twenty-six nor more than fifty-two weeks’ pay,

the employer satisfies the tribunal that it was not practicable to comply with the order, F142. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a basic award (calculated in accordance with sections 119 to 122 and 126), and

a compensatory award (calculated in accordance with sections 123, 124, F147124A and 126).

determining the period, ending with the effective date of termination, during which the employee has been continuously employed,

reckoning backwards from the end of that period the number of years of employment falling within that period, and

allowing the appropriate amount for each of those years of employment.

one and a half weeks’ pay for a year of employment in which the employee was not below the age of forty-one,

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

half a week’s pay for a year of employment not within paragraph (a) or (b).

in a redundancy case, for selecting the employee for dismissal, or

otherwise, for the dismissal,

any redundancy payment awarded by the tribunal under Part XI in respect of the same dismissal, or

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).

any expenses reasonably incurred by the complainant in consequence of the dismissal, and

subject to subsection (3), loss of any benefit which he might reasonably be expected to have had but for the dismissal.

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

any expectation of such a payment,

calling, organising, procuring or financing a strike or other industrial action, or

threatening to do so,

the reason (or principal reason) for the dismissal is that the complainant made a protected disclosure, and

it appears to the tribunal that the disclosure was not made in good faith,

any compensation awarded to a person under section 117(1) and (2), or

a compensatory award to a person calculated in accordance with section 123,

F211£78,962, and

52 multiplied by a week’s pay of the person concerned.

a compensatory award is an award under paragraph (a) of subsection (3) of section 117, and

an additional award falls to be made under paragraph (b) of that subsection,

any payment made by the respondent to the complainant in respect of that matter, and

any reduction in the amount of the award required by any enactment or rule of law.