Trade Union and Labour Relations (Consolidation) Act 1992

154 Exclusion of requirement as to qualifying period, &c.E+W+S

[F1(1)] [F2Sections 108 and 109 of the Employment Rights Act 1996 (qualifying period and upper age limit for unfair dismissal protection) do] not apply to the dismissal of an employee if it is shown that the reason or principal reason for the dismissal [F3or, in a redundancy case, for selecting the employee for dismissal, was an inadmissible reason.]

[F1(2)For the purposes of this section—

  • inadmissible”, in relation to a reason, means that it is one of those specified in section 152(1); and

  • a redundancy case” means a case where the reason or principal reason for the dismissal was that the employee was redundant but the equal application of the circumstances to non-dismissed employees required by section 153(a) is also shown.]

Textual Amendments

F1S. 154 renumbered as s. 154(1) and s. 154(2) inserted (30.8.1993) by virtue of 1993 c. 19, s. 49(1), Sch. 7 para. 1(b); S.I. 1993/1908, art. 2(1), Sch. 1

F2Words in s. 154 substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(8) (with ss. 191-195, 202)

Modifications etc. (not altering text)

C1S. 154 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

S. 154 modified (25.10.1999) by S.I. 1999/2256, art. 3, Sch.