105 Redundancy
Employment Rights Act 1996 (1996 c 18) | Legislation

105  Redundancy

(1)     An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—

(a)     the reason (or, if more than one, the principal reason) for the dismissal is that the employee was redundant,

(b)     it is shown that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by the employee and who have not been dismissed by the employer, and

[(c)     it is shown that any of subsections [(2A) to] [(7N)] applies].

(2)     . . .

[(2A)     This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in subsection (1) of section 98B (unless the case is one to which subsection (2) of that section applies).]

(3)     This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in subsection (1) of section 100 (read with subsections (2) and (3) of that section).

(4)     This subsection applies if either—

(a)     the employee was a protected shop

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