Employment Rights Act 1996, Cross Heading: Other Dismissals Is up to Date with All Changes Known to Be in Force on Or Before 11 September 2021
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Changes to legislation: Employment Rights Act 1996, Cross Heading: Other dismissals is up to date with all changes known to be in force on or before 11 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Employment Rights Act 1996 1996 CHAPTER 18 PART X UNFAIR DISMISSAL CHAPTER I RIGHT NOT TO BE UNFAIRLY DISMISSED Other dismissals [F198A Procedural fairness F2. .] Textual Amendments F1 S. 98A inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 34(2), 55(2); S.I. 2004/1717, art. 2(2) (subject to art. 3) F2 S. 98A repealed (6.4.2009) by Employment Act 2008 (c. 24), ss. 2, 20, 22(1)(a), Sch. Pt. 1; S.I. 2008/3232, art. 2 (with Sch. paras. 1, 5) [F398B Jury service (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee— (a) has been summoned under the Juries Act 1974, [F4Part 1 of the Coroners and Justice Act 2009], the Court of Session Act 1988 or the Criminal Procedure (Scotland) Act 1995 to attend for service as a juror, or 2 Employment Rights Act 1996 (c. 18) Part X – Unfair dismissal Chapter I – Right not to be unfairly dismissed Document Generated: 2021-09-11 Changes to legislation: Employment Rights Act 1996, Cross Heading: Other dismissals is up to date with all changes known to be in force on or before 11 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) has been absent from work because he attended at any place in pursuance of being so summoned. (2) Subsection (1) does not apply in relation to an employee who is dismissed if the employer shows— (a) that the circumstances were such that the employee’s absence in pursuance of being so summoned was likely to cause substantial injury to the employer’s undertaking, (b) that the employer brought those circumstances to the attention of the employee, (c) that the employee refused or failed to apply to the appropriate officer for excusal from or a deferral of the obligation to attend in pursuance of being so summoned, and (d) that the refusal or failure was not reasonable. (3) In paragraph (c) of subsection (2) “ the appropriate officer ” means— (a) in the case of a person who has been summoned under the Juries Act 1974, the officer designated for the purposes of section 8, 9 or, as the case may be, 9A of that Act; (b) in the case of a person who has been summoned under the Coroners Act 1988, a person who is the appropriate officer for the purposes of any rules made under subsection (1) of section 32 of that Act by virtue of subsection (2) of that section; (c) in the case of a person who has been summoned under the Court of Session Act 1988, either— (i) the clerk of court issuing the citation to attend for jury service; or (ii) the clerk of the court before which the person is cited to attend for jury service; (d) in the case of a person who has been summoned under the Criminal Procedure (Scotland) Act 1995, either— (i) the clerk of court issuing the citation to attend for jury service; or (ii) the clerk of the court before which the person has been cited to attend for jury service; and references in that paragraph to a refusal or failure to apply include references to a refusal or failure to give a notice under section 1(2)(b) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980.] Textual Amendments F3 S. 98B inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 40(3), 59(2)-(4); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12) F4 Words in s. 98B(1)(a) substituted (25.7.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 36(3) (with s. 180); S.I. 2013/1869, art. 2(o)(xv) [F599 Leave for family reasons. (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if— (a) the reason or principal reason for the dismissal is of a prescribed kind, or (b) the dismissal takes place in prescribed circumstances. Employment Rights Act 1996 (c. 18) 3 Part X – Unfair dismissal Chapter I – Right not to be unfairly dismissed Document Generated: 2021-09-11 Changes to legislation: Employment Rights Act 1996, Cross Heading: Other dismissals is up to date with all changes known to be in force on or before 11 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) In this section “ prescribed ” means prescribed by regulations made by the Secretary of State. (3) A reason or set of circumstances prescribed under this section must relate to— (a) pregnancy, childbirth or maternity, [ time off under section 57ZE,] F6(aa) [ time off under section 57ZJ or 57ZL,] F7(ab) (b) ordinary, compulsory or additional maternity leave, [ ordinary or additional adoption leave,] F8(ba) [ shared parental leave,] F9(bb) (c) parental leave, [ [F12paternity leave],]] F10[F11(ca) [ parental bereavement leave,] or F13(cb) (d) time off under section 57A; and it may also relate to redundancy or other factors. (4) A reason or set of circumstances prescribed under subsection (1) satisfies subsection (3)(c) or (d) if it relates to action which an employee— (a) takes, (b) agrees to take, or (c) refuses to take, under or in respect of a collective or workforce agreement which deals with parental leave. (5) Regulations under this section may— (a) make different provision for different cases or circumstances; (b) apply any enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to persons regarded as unfairly dismissed by reason of this section.] Textual Amendments F5 S. 99 substituted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 16; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11) F6 S. 99(3)(aa) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 127(2)(b), 139(6); S.I. 2014/1640, art. 3(1)(i) F7 S. 99(3)(ab) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 128(2)(c), 139(6); S.I. 2014/1640, art. 3(1)(j) F8 S. 99(3)(ba) inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 33(2); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2 F9 S. 99(3)(bb) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 39(a); S.I. 2014/1640, art. 3(2)(i) F10 S. 99(3)(ca) substituted (8.12.2002) for the word "or" by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 33(3); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2 4 Employment Rights Act 1996 (c. 18) Part X – Unfair dismissal Chapter I – Right not to be unfairly dismissed Document Generated: 2021-09-11 Changes to legislation: Employment Rights Act 1996, Cross Heading: Other dismissals is up to date with all changes known to be in force on or before 11 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F11 S. 99(3)(ca) substituted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 41; S.I. 2010/495, art. 3(c) F12 Words in s. 99(3)(ca) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 39(b); S.I. 2014/1640, art. 7(t) (with art. 16) F13 S. 99(3)(cb) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 27; S.I. 2020/45, reg. 2 100 Health and safety cases. (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that— (a) having been designated by the employer to carry out activities in connection with preventing or reducing risks to health and safety at work, the employee carried out (or proposed to carry out) any such activities, (b) being a representative of workers on matters of health and safety at work or member of a safety committee— (i) in accordance with arrangements established under or by virtue of any enactment, or (ii) by reason of being acknowledged as such by the employer, the employee performed (or proposed to perform) any functions as such a representative or a member of such a committee, (c) being an employee at a place where— (i) there was no such representative or safety committee, or (ii) there was such a representative or safety committee but it was not reasonably practicable for the employee to raise the matter by those means, he brought to his employer’s attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety, (d) in circumstances of danger which the employee reasonably believed to be serious and imminent and which he could not reasonably have been expected to avert, he left (or proposed to leave) or (while the danger persisted) refused to return to his place of work or any dangerous part of his place of work, or (e) in circumstances of danger which the employee reasonably believed to be serious and imminent, he took (or proposed to take) appropriate steps to protect himself or other persons from the danger.