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Contents

Legislation
Employment Rights Act 1996

Crossheading Other dismissals

  • Section 98A Procedural fairness
  • Section 98B Jury service
  • Section 99 Leave for family reasons.
  • Section 100 Health and safety cases.
  • Section 101 Shop workers and betting workers who refuse Sunday work.
  • Section 101ZA Shop workers who refuse to work additional hours on Sunday
  • Section 101A Working time cases.
  • Section 102 Trustees of occupational pension schemes.
  • Section 103 Employee representatives.
  • Section 103A Protected disclosure.
  • Section 104 Assertion of statutory right.
  • Section 104A The national minimum wage.
  • Section 104B Tax credits
  • Section 104C Flexible working
  • Section 104D Pension enrolment
  • Section 104E Study and training
  • Section 104F Blacklists
  • Section 104G Employee shareholder status
  • Section 104I Contracts of employment: restricted variations
  • Section 104J Contracts of employment: variations that are not restricted variations
  • Section 104K Redundancy: replacement of employees with people who are not employees
  • Section 105 Redundancy.
  • Section 106 Replacements.
  • Section 107 Pressure on employer to dismiss unfairly.
  1. Other dismissals
  2. Working time cases.

Section 101A | Working time cases. F1

From legislation.gov.uk

(1)An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—F1F2

(a)refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of the Working Time Regulations 1998,F1

(b)refused (or proposed to refuse) to forgo a right conferred on him by those Regulations,F1

(c)failed to sign a workforce agreement for the purposes of those Regulations, or to enter into, or agree to vary or extend, any other agreement with his employer which is provided for in those Regulations, orF1

(d)being—F1

(i)a representative of members of the workforce for the purposes of Schedule 1 to those Regulations, orF1

(ii)a candidate in an election in which any person elected will, on being elected, be such a representative,F1

performed (or proposed to perform) any functions or activities as such a representative or candidate.

(2)A reference in this section to the Working Time Regulations 1998 includes a reference toF1F3

(a)the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.F1F3F4

(b)the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.F1F3F5

(c)the Cross-border Railway Services (Working Time) Regulations 2008F1F3F6

(d)the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).F1F3F7

Notes

  1. F1

    S. 101A inserted (1.10.1998) by S.I. 1998/1833, reg. 32(1)

  2. F2

    S. 101A renumbered as s. 101A(1) (24.12.2003) by The Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 (S.I. 2003/3049), reg. 20, Sch. 2 para. 3(3)

  3. F3

    S. 101A(2) inserted (24.12.2003) by The Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 (S.I. 2003/3049), reg. 20, Sch. 2 para. 3(3)

  4. F4

    Words in s. 101A(2) renumbered as s. 101A(2)(a) (16.8.2004) by The Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (S.I. 2004/1713), regs. 1, 22, Sch. 2 para. 2(3)(a)

  5. F5

    S. 101A(2)(b) inserted (16.8.2004) by The Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (S.I. 2004/1713), regs. 1, 22, Sch. 2 para. 2(3)(b)

  6. F6

    S. 101A(2)(c) inserted (27.7.2008) by The Cross-border Railway Services (Working Time) Regulations 2008 (S.I. 2008/1660), reg. 19, Sch. 3 para. 2(3)

  7. F7

    S. 101A(2)(d) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58), reg. 1, Sch. 2 para. 2(b) (with regs. 3, 4)

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