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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. Tax credits

Section 104B | Tax credits 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—F1

(a)any action was taken, or was proposed to be taken, by or on behalf of the employee with a view to enforcing, or otherwise securing the benefit of, a right conferred on the employee by regulations under section 25 of the Tax Credits Act 2002,F1

(b)a penalty was imposed on the employer, or proceedings for a penalty were brought against him, under that Act, as a result of action taken by or on behalf of the employee for the purpose of enforcing, or otherwise securing the benefit of, such a right, orF1

(c)the employee is entitled, or will or may be entitled, to working tax credit.F1

(2)It is immaterial for the purposes of subsection (1)(a) or (b)—F1

(a)whether or not the employee has the right, orF1

(b)whether or not the right has been infringed,F1

but, for those provisions to apply, the claim to the right and (if applicable) the claim that it has been infringed must be made in good faith.

Notes

  1. F1

    S. 104B substituted (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 27, Sch. 1 para. 3(2); S.I. 2002/1727, art. 2

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