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Part 3Reserve forces

48Unfair dismissal of reserve forces: no qualifying period of employment

(1)The Employment Rights Act 1996 is amended as follows.

(2)In section 108 (unfair dismissal: qualifying period of employment), at the end insert—

(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).

(3)In section 192(2)(e) (armed forces), after “104C” insert “, 108(5)”.

(4)The amendment made by subsection (2) applies only where, in relation to the employee, the effective date of termination (as defined in section 97 of the Employment Rights Act 1996) falls on or after the day on which this section comes into force.