Part X Unfair dismissal

Chapter I Right not to be unfairly dismissed

Exclusion of right

108 Qualifying period of employment.

(1)

Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than F1two years ending with the effective date of termination.

(2)

If an employee is dismissed by reason of any such requirement or recommendation as is referred to in section 64(2), subsection (1) has effect in relation to that dismissal as if for the words F1“two years” there were substituted the words “ one month ”.

(3)

Subsection (1) does not apply if—

F2(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(aa)

subsection (1) of section 98B (read with subsection (2) of that section) applies,

F4(b)

subsection (1) of section 99 (read with any regulations made under that section) applies,

(c)

subsection (1) of section 100 (read with subsections (2) and (3) of that section) applies,

(d)

subsection (1) of section 101 (read with subsection (2) of that section) or subsection (3) of that section applies,

F5(da)

subsection (2) of section 101ZA applies (read with subsection (3) of that section) or subsection (4) of that section applies,

F6(dd)

section 101A applies,

(e)

section 102 applies,

(f)

section 103 applies,

F7(ff)

section 103A applies,

(g)

subsection (1) of section 104 (read with subsections (2) and (3) of that section) applies, F8. . .

F9(gg)

subsection (1) of section 104A (read with subsection (2) of that section) applies, F10 . . .

F11(gh)

subsection (1) of section 104B (read with subsection (2) of that section) applies, F12 . . .

F13(gi)

section 104C applies,

F14(gj)

subsection (1) of section 104D (read with subsection (2) of that section) applies,

F15(gk)

section 104E applies,

F16(gl)

subsection (1) of section 104F (read with subsection (2) of that section) applies,

F17(gm)

section 104G applies,

(h)

section 105 applies,F18F19. . .

(hh)

paragraph (3) or (6) of regulation 28 of the Transnational Information and Consultation of Employees Regulations 1999 (read with paragraphs (4) and (7) of that regulation) applies, F20 F21 . . .

(i)

paragraph (1) of regulation 7 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 applies,

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(j)

paragraph (1) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 applies,

F24 F25 . . .

(k)

paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations 2004 applies,

F26 F27 . . .

(l)

paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations 2004 (read with paragraphs (4) and (7) of that regulation) applies, F28 F29 . . .

(m)

paragraph 5(3) or (5) of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (read with paragraph 5(6) of that Schedule) applies F30...F31, or

(n)

F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o)

paragraph (3) or (6) of regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (read with paragraphs (4) and (7) of that regulation) applies,

F33

F34(p)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35(q)

paragraph (1)(a) or (b) of regulation 29 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009( S.I. 2009/2401) applies, F36 or

(r)

paragraph (1) of regulation 17 of the Agency Workers Regulations 2010 applies

F37(4)

Subsection (1) does not apply if the reason (or, if more than one, the principal reason) for the dismissal is, or relates to, the employee's political opinions or affiliation.

F38(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).