OpenLegislation

Paragraph 162 C1

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

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 reason or principal reason for the dismissal was that he was redundant but it is shown—

(a)

that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by him and who have not been dismissed by the employer, and

(b)

that the reason (or, if more than one, the principal reason) why he was selected for dismissal was one falling within paragraph 161(2).

Annotations

Modifications

C1

Sch. A1 para. 162 modified (6.6.2000) by 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)