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48.—(1) In section 105 of the 1996 Act (redundancy as unfair dismissal) in subsection (1)(c) (which requires one of a specified group of subsections to apply for a person to be treated as unfairly dismissed)(1)—
(a)for “(2A) to (7J)” substitute “(2A) to (7K)”, and
(b)after subsection (7J) insert—
“(7K) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one specified in—
(a)paragraph (2) of regulation 46 of the Companies (Cross-Border Mergers) Regulations 2007 (read with paragraphs (3) and (4) of that regulation); or
(b)paragraph (2) of regulation 47 of the Companies (Cross-Border Mergers) Regulations 2007 (read with paragraph (3) of that regulation).”.
(a)omit the word “or” at the end of paragraph (n); and
(b)after paragraph (o) insert—
(p)regulation 46 or 47 of the Companies (Cross-Border Mergers) Regulations 2007 applies.”.
Section 105 has been amended on a number of occasions to specify additional circumstances in which an employee dismissed by reason of redundancy is to be regarded as unfairly dismissed.
Section 108(1) was amended by S.I. 1999/1436, article 3.
Section 108(3) has been amended on a number of occasions to specify additional cases in which no qualifying period of employment is required.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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