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The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995

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Unfair dismissal

8.  In Regulation 8 of the 1981 Regulations, after paragraph (4) insert—

(5) Paragraph (1) above shall not apply in relation to a dismissal of an employee if—

(a)the application of section 54 of the 1978 Act to the dismissal of the employee is excluded by or under any provision of Part V or sections 141 to 149 of the 1978 Act or of section 237 or 238 of the Trade Union and Labour Relations (Consolidation) Act 1992; or

(b)the application of Article 20 of the 1976 Order to the dismissal of the employee is excluded by or under any provision of Part III or Article 76 of that Order.

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