Part III

Rights in relation to union membership and activities

Dismissal of employee

Selection for redundancy on grounds related to union membership or activities.
153
Where the reason or principal reason for the dismissal of an employee was that he was redundant, but it is shown—
a
that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by him and who have not been dismissed by the employer, and
b
that the reason (or, if more than one, the principal reason) why he was selected for dismissal was one of those specified in section 152(1),
the dismissal shall be regarded as unfair for the purposes of Part X of the Employment Rights Act 1996 (unfair dismissal).
S. 153 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.
S. 153 modified (25.10.1999) by S.I. 1999/2830, art. 3, Sch
Words in s. 153 substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(7)(b) (with ss. 191-195, 202)
S. 152 cross-heading: words inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 30(1), 59(2)-(4); S.I. 2005/2566, art. 3(a) (with arts. 4-8)
S. 153 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/2964), art. 3, Sch.
S. 153 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.