DAVID ROYDEN - EMPLOYMENT SOLICITOR
UK EMPLOYMENT LAW

David Royden is a Partner with Laytons Solicitors and Head of Employment Law, Manchester, UK

Laytons Solicitors is a national law practice specialising in all aspects of Company and Commercial Law

Laytons Solicitors, 22 St John Street, Manchester M3 4EB.
Tel: +44 (0) 161 834 2100
Fax: +44 (0) 161 834 6862

Offices at London, Manchester and Guildford, UK

 

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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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