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Part XE+W+S Unfair dismissal

Modifications etc. (not altering text)

C1Ss. 66-68, 70-71, 92-93, Pt. 10 (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

Pt. 10 (ss. 94-134) applied (with modifications) (E.W.) by S.I. 1998/218, art. 4(b)

Pt. 10 (ss. 94-134) modified (1.1.1999) by 1998 Measure No. 1, s. 6(1), Sch. 3 para. 3(1)(2); Instrument dated 14.10.1998 made by the Archbishops of Canterbury and York

Pt. 10 (ss. 94-134) modified (6.6.2000) by 1992 c. 52, s. 70A, Sch. A1 para. 161(1), 162 (as inserted (6.6.2000) by 1999 c. 26, s. 1, Sch. 1; S.I. 2000/1338, art. 2(a))

Pt. 10 (ss. 94-134) modified (4.9.2000) by 1999 c. 26, ss. 12(3)(6), (with ss. 14, 15); S.I. 2000/2242, art. 2(1)

Pt. 10 (ss. 94-134) modified (24.4.2000) by 1992 c. 52, s. 238A(2) (as inserted (24.4.2000) by 1999 c. 26, ss. 16, Sch. 5 para. 3; S.I. 2000/875, art. 2 (with transitional provision in art. 3))

Pt. 10 (ss. 94-134) modified (E.W.) (1.9.1999) by S.I. 1999/2256, arts. 3, 4(b), Sch.

C2Pt. 10 (ss. 94-134) applied for certain purposes (14.8.2000) by S.I. 2000/1828, art. 2

Pt. 10 (ss. 94-134) applied (E.W.) (21.5.2001) by S.I. 2001/1185, arts. 2, 3, Sch. para. 95

C5Pt. 10 modified (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 7

C18Pt. 10 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 5(1) (with reg. 7)

Chapter IIIE+W+S Supplementary

133 Death of employer or employee.E+W+S

(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 [F1employment 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.

Textual Amendments

F1Words in s. 133(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

134 Teachers in aided schools.E+W+S

(1)Where a teacher in [F2a foundation, voluntary aided or foundation special school is dismissed by the governing body of the school in pursuance of a requirement of the [F3local authority] under [F4paragraph 7 of Schedule 2 to the Education Act 2002]], this Part has effect in relation to the dismissal as if—

(a)the [F3local authority] had at all material times been the teacher’s employer,

(b)the [F3local 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 [F3local authority].

[F5(3) In this section “ local authority ” has the meaning given by section 579(1) of the Education Act 1996. ]

Textual Amendments

F2Words in s. 134(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 55 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F4Words in s. 134(1) substituted (1.9.2003 for E.S. and 1.4.2006 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 30 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4 (with Sch. 1 (as amended (1.4.2004) by S.I. 2004/571, reg. 3 and S.I. 2005/2570, (art. 2))); S.I. 2006/879, art. 4, Sch.

[F6134A Application to police.E+W+S

(1)For the purposes of section 100, and of the other provisions of this Part so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 100, the holding, otherwise than under a contract of employment, of the office of constable or an appointment as police cadet shall be treated as employment by the relevant officer under a contract of employment.

[F7(2) In this section “ the relevant officer ”, in relation to—

(a)a person holding the office of constable, or

(b)a person holding an appointment as a police cadet,

means the person who under section 51A of the Health and Safety at Work etc. Act 1974 is to be treated as his employer for the purposes of Part 1 of that Act. ]

[F8(3)Subsection (1) does not apply to the holding of the office of constable by a member of a police force on secondment to the [F9National Crime Agency].]]

Textual Amendments

F6S. 134A inserted (1.7.1998) by 1997 c. 42, s. 4; S.I. 1998/1542, art. 2

F9Words in s. 134A(3) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 51; S.I. 2013/1682, art. 3(v)