PART VIIPROTECTIONS FOR MEMBERS OF A EUROPEAN WORKS COUNCIL, ETC.

Subsidiary provisions relating to unfair dismissal: Great Britain29

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)12 there shall be inserted “or (7D)” immediately before “applies” and after subsection (7C) there shall be inserted—

7D

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 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).

2

In section 10813 of the 1996 Act (exclusion of right: qualifying period of employment) in subsection (3) (cases where no qualifying period of employment is required)14 the word “or” at the end of paragraph (gh) shall be omitted and after paragraph (h) there shall be inserted—

or

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.

3

In section 109 of the 1996 Act (exclusion of right: upper age limit) in subsection (2) (cases where upper age limit does not apply)15 the word “or” at the end of paragraph (gh) shall be omitted and after paragraph (h) there shall be inserted—

or

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.