Section 104 Assertion of statutory right.

England, Wales and Scotland

(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)

brought proceedings against the employer to enforce a right of his which is a relevant statutory right, or

(b)

alleged that the employer had infringed a right of his which is a relevant statutory right.

(2)

It is immaterial for the purposes of subsection (1)—

(a)

whether or not the employee has the right, or

(b)

whether or not the right has been infringed;

but, for that subsection to apply, the claim to the right and that it has been infringed must be made in good faith.

(3)

It is sufficient for subsection (1) to apply that the employee, without specifying the right, made it reasonably clear to the employer what the right claimed to have been infringed was.

(4)

The following are relevant statutory rights for the purposes of this section—

(a)

any right conferred by this Act for which the remedy for its infringement is by way of a complaint or reference to an F1employment tribunal,

(b)

the right conferred by section 86 of this Act, F2. . .

(c)

the rights conferred by sections 68, 86, F3145A, 145B, 146, 168, F4168A, F5168B, 169 F6, 170 and 236A of the Trade Union and Labour Relations (Consolidation) Act 1992 (deductions from pay, union activities and time off) F7...

F8(d)

the rights conferred by the Working Time Regulations 1998, F9the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58), the Merchant Shipping (Working Time: Inland Waterway) Regulations 2003 F10, the Fishing Vessels (Working Time: Sea-fisherman) Regulations 2004 or the Cross-border Railway Services (Working Time) Regulations 2008. F11, and

(e)

the rights conferred by the Transfer of Undertakings (Protection of Employment) Regulations 2006.

F12(5)

In this section any reference to an employer includes, where the right in question is conferred by section 63A, the principal (within the meaning of section 63A(3)).

Annotations

Textual amendments

F1: Words in s. 104(4)(a) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F2: Word in s. 104(4)(b) omitted (1.10.1998) by virtue of S.I. 1998/1833, reg. 32(2)(a)
F3: Words in s. 104(4)(c) inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 31; S.I. 2004/2566, art. 3(b) (subject to arts. 5-8)
F4: Word in s. 104(4)(c) inserted (27.4.2003) by Employment Act 2002 (c. 22), ss. 53, 55(2), Sch. 7 para. 34; S.I. 2003/1190, art. 2(2)(c)
F5: Word in s. 104(4)(c) inserted (6.1.2026 for specified purposes, 30.10.2026 in so far as not already in force) by Employment Rights Act 2025 (c. 36), ss. 65(12), 159(3); S.I. 2026/3, reg. 2(22); S.I. 2026/1065, reg. 3(h) (with reg. 8)
F6: Words in s. 104(4)(c) substituted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 76(5), 159(3); S.I. 2026/3, reg. 3(7)
F7: Word in s. 104(4)(c) omitted (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by virtue of The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 19(a)
F8: S. 104(4)(d) substituted (16.8.2004) by The Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (S.I. 2004/1713), regs. 1, 22, Sch. 2 para. 2(4)
F9: Words in s. 104(4)(d) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58), reg. 1, Sch. 2 para. 2(c) (with regs. 3, 4)
F10: Words in s. 104(4)(d) substituted (27.7.2008) by The Cross-border Railway Services (Working Time) Regulations 2008 (S.I. 2008/1660), reg. 19, Sch. 3 para. 2(4)
F11: S. 104(4)(e) and word inserted (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 19(b)
F12: S. 104(5) inserted (1.9.1999) by 1998 c. 30, s. 44(1), Sch. 3 para. 13 (with s. 42(8)); S.I. 1999/987, art. 2

Notes on the whole Act

Textual amendments

F1: Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)

Notes on Part X

Modifications

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Ss. 66-68, 70-71, 92-93, Pt. 10 (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

Pt. 10 (ss. 94-134) applied (with modifications) (E.W.) by S.I. 1998/218, art. 4(b)

Pt. 10 (ss. 94-134) modified (1.1.1999) by 1998 Measure No. 1, s. 6(1), Sch. 3 para. 3(1)(2); Instrument dated 14.10.1998 made by the Archbishops of Canterbury and York

Pt. 10 (ss. 94-134) modified (6.6.2000) by 1992 c. 52, s. 70A, Sch. A1 para. 161(1), 162 (as inserted (6.6.2000) by 1999 c. 26, s. 1, Sch. 1; S.I. 2000/1338, art. 2(a))

Pt. 10 (ss. 94-134) modified (4.9.2000) by 1999 c. 26, ss. 12(3)(6), (with ss. 14, 15); S.I. 2000/2242, art. 2(1)

Pt. 10 (ss. 94-134) modified (24.4.2000) by 1992 c. 52, s. 238A(2) (as inserted (24.4.2000) by 1999 c. 26, ss. 16, Sch. 5 para. 3; S.I. 2000/875, art. 2 (with transitional provision in art. 3))

Pt. 10 (ss. 94-134) modified (E.W.) (1.9.1999) by S.I. 1999/2256, arts. 3, 4(b), Sch.

C2