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Dismissal relating to activities as an Employee Representative
A
dismissal will be held to be unfair if the main reason relates to an employee's
status or actions as a representative for consultation about redundancies
or business transfers, or as a candidate to be a representative of this kind,
or
to their participation in the election of such a representative. There
is no qualifying period of service or age limit for employees who wish to complain
that they have been dismissed for a reason described in this section. It
is also
unlawful for an employer to subject an employee to any other detrimental
treatment on these grounds.
Dismissal relating to The Information and Consultation
of Employees Regulations 2004
The Information and Consultation of Employees
Regulations 2004 (Statutory Instrument 2004 no.3426, available from the Stationery
Office) implement
in Great Britain
the Information and Consultation Directive. The Regulations set out
requirements for informing and consulting employees in undertakings with at
least
50 employees. The Regulations will initially apply to undertakings with
150 employees (April
2005) and then to undertakings with 100 employees (April 2007) and
eventually to undertakings with 50 employees (April 2008).
An employee will
be held to be unfairly dismissed if he or she was acting as a representative
of employees in connection with an agreement
struck
under the
Regulations. Employees are also protected when standing as candidates
to be such representatives under the Regulations.
The protections
apply where the reason or the main reason for the redundancy or dismissal
was that the employee performed or proposed
to perform
any functions or activities as such a representative or candidate,
or that
the employee
(or a person acting for them) made a request or proposed to make
a request for reasonable
time off to perform such functions and to be paid for doing so.
There
is additional protection against dismissal for any employees who take proceedings
in good faith to an employment tribunal to
enforce their
rights
or who apply,
complain or appeal to the Central Arbitration Committee or the
Employment Appeal Tribunal under these regulations.
There is
no qualifying period of service or age limit for employees who wish to complain
that they have been dismissed for a reason
described in this
section. It is also unlawful for an employer to subject an
employee to
any other detrimental
treatment on these grounds.
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