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The Information and Consultation of Employees Regulations 2004

The Information and Consultation of Employees Regulations 2004 reg 31

reg 31 Subsidiary provisions relating to unfair dismissal

(1) In section 105 of the 1996 Act (redundancy as unfair dismissal)— (a) in subsection (1)(c) (which requires one of a specified group of subsections to apply for a person to be treated as unfairly dismissed) for “(7F) or (7G)” substitute “ (7F), (7G) or (7H) ” and (b) after subsection (7G) insert— (7H) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one specified in paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations 2004 (read with paragraphs (4) and (7) of that regulation). (2) In section 108 of the 1996 Act (exclusion of right: qualifying period of employment) in subsection (3) (cases where no qualifying period of employment is required) — (a) the word “or” at the end of paragraph (j) is repealed; and (b) after paragraph (k) insert— or (1) paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations 2004 (read with paragraphs (4) and (7) of that regulation) applies. (3) In section 109 of the 1996 Act (exclusion of right: upper age limit) in subsection (2) (cases where upper age limit does not apply) — (a) the word “or” at the end of paragraph (j) is repealed; and (b) after paragraph (k) insert— or (1) paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations 2004 (read with paragraphs (4) and (7) of that regulation) applies.

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