# Trade Union and Labour Relations (Consolidation) Act 1992, Paragraph 161


(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.

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Source: https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/161 (the official version)
Page: https://openlegislation.uk/trade-union-and-labour-relations-consolidation-act-1992/schedule-A1/paragraph-161
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

