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Paragraph 161 C1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of Part X of the Employment Rights Act 1996 (unfair dismissal) the dismissal of an employee shall be regarded as unfair if the dismissal was made—

(a)

for a reason set out in sub-paragraph (2), or

(b)

for reasons the main one of which is one of those set out in sub-paragraph (2).

(2)

The reasons are that—

(a)

the employee acted with a view to obtaining or preventing recognition of a union (or unions) by the employer under this Schedule;

(b)

the employee indicated that he supported or did not support recognition of a union (or unions) by the employer under this Schedule;

(c)

the employee acted with a view to securing or preventing the ending under this Schedule of bargaining arrangements;

(d)

the employee indicated that he supported or did not support the ending under this Schedule of bargaining arrangements ;

(e)

the employee influenced or sought to influence the way in which votes were to be cast by other workers in a ballot arranged under this Schedule;

(f)

the employee influenced or sought to influence other workers to vote or to abstain from voting in such a ballot;

(g)

the employee voted in such a ballot;

(h)

the employee proposed to do, failed to do, or proposed to decline to do, any of the things referred to in paragraphs (a) to (g).

(3)

A reason does not fall within sub-paragraph (2) if it constitutes an unreasonable act or omission by the employee.

Annotations

Modifications

C1

Sch. A1 para. 161 modified (6.6.2000) S.I. 2000/1338, art. 3(1)(b)

Sch. A1 paras. 161-165 applied (with modifications) (14.8.2000) by S.I. 2000/1828, art. 2(6)

Notes on Schedule A1

Textual amendments

F1

Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)

Modifications

C1

Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)

C2

Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)