Section 106 Employment Rights Act 1996

Section 106 of the Employment Rights Act 1996 is about Replacements. It provides as follows:

(1)Where this section applies to an employee he shall be regarded for the purposes of section 98(1)(b) as having been dismissed for a substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.

(2)This section applies to an employee where—

(a)on engaging him the employer informs him in writing that his employment will be terminated on the resumption of work by another employee who is, or will be, absent wholly or partly because of pregnancy or childbirth, or on adoption leave or shared parental leave and

(b)the employer dismisses him in order to make it possible to give work to the other employee.

(3)This section also applies to an employee where—

(a)on engaging him the employer informs him in writing that his employment will be terminated on the end of a suspension of another employee from work on medical grounds or maternity grounds (within the meaning of Part VII), and

(b)the employer dismisses him in order to make it possible to allow the resumption of work by the other employee.

(4)Subsection (1) does not affect the operation of section 98(4) in a case to which this section applies.

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Source: legislation.gov.uk
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