Section 153 Selection for redundancy on grounds related to union membership or activities.C1C2C3
England, Wales and Scotland
Where the reason or principal reason for the dismissal of an employee was that he was redundant, but it is shown—
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
that the reason (or, if more than one, the principal reason) why he was selected for dismissal was one of those specified in section 152(1),
the dismissal shall be regarded as unfair for the purposes of F1Part X of the Employment Rights Act 1996 (unfair dismissal).
Annotations
Textual amendments
- F1
Words in s. 153 substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(7)(b) (with ss. 191-195, 202)
Modifications
- C1
S. 153 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.
S. 153 modified (25.10.1999) by S.I. 1999/2830, art. 3, Sch
- C2
S. 153 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/2964), art. 3, Sch.
- C3
S. 153 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.
Notes on Dismissal of employee
Textual amendments
- F1
S. 152 cross-heading: words inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 30(1), 59(2)-(4); S.I. 2005/2566, art. 3(a) (with arts. 4-8)