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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. Pressure on employer to dismiss unfairly.

Section 107 | Pressure on employer to dismiss unfairly.

From legislation.gov.uk

(1)This section applies where there falls to be determined for the purposes of this Part a question—

(a)as to the reason, or principal reason, for which an employee was dismissed,

(b)whether the reason or principal reason for which an employee was dismissed was a reason fulfilling the requirement of section 98(1)(b), or

(c)whether an employer acted reasonably in treating the reason or principal reason for which an employee was dismissed as a sufficient reason for dismissing him.

(2)In determining the question no account shall be taken of any pressure which by calling, organising, procuring or financing a strike or other industrial action, or threatening to do so, was exercised on the employer to dismiss the employee; and the question shall be determined as if no such pressure had been exercised.

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