Section 108 Employment Rights Act 1996

Section 108 of the Employment Rights Act 1996 is about Qualifying period of employment. It provides as follows:

(1)Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than two years ending with the effective date of termination.

(2)If an employee is dismissed by reason of any such requirement or recommendation as is referred to in section 64(2), subsection (1) has effect in relation to that dismissal as if for the words “two years” there were substituted the words “ one month ”.

(3)Subsection (1) does not apply if—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa)subsection (1) of section 98B (read with subsection (2) of that section) applies,

(b)subsection (1) of section 99 (read with any regulations made under that section) applies,

(c)subsection (1) of section 100 (read with subsections (2) and (3) of that section) applies,

(d)subsection (1) of section 101 (read with subsection (2) of that section) or subsection (3) of that section applies,

(da)subsection (2) of section 101ZA applies (read with subsection (3) of that section) or subsection (4) of that section applies,

(dd)section 101A applies,

(e)section 102 applies,

(f)section 103 applies,

(ff)section 103A applies,

(g)subsection (1) of section 104 (read with subsections (2) and (3) of that section) applies, F8. . .

(gg)subsection (1) of section 104A (read with subsection (2) of that section) applies, F10 . . .

(gh)subsection (1) of section 104B (read with subsection (2) of that section) applies, F12 . . .

(gi)section 104C applies,

(gj)subsection (1) of section 104D (read with subsection (2) of that section) applies,

(gk)section 104E applies,

(gl)subsection (1) of section 104F (read with subsection (2) of that section) applies,

(gm)section 104G applies,

(h)section 105 applies, . . .

(hh)paragraph (3) or (6) of regulation 28 of the Transnational Information and Consultation of Employees Regulations 1999 (read with paragraphs (4) and (7) of that regulation) applies, . . .

(i) paragraph (1) of regulation 7 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 applies,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) paragraph (1) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 applies,

. . .
(k)paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations 2004 applies,

. . .
(l)paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations 2004 (read with paragraphs (4) and (7) of that regulation) applies, . . .

(m)paragraph 5(3) or (5) of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (read with paragraph 5(6) of that Schedule) applies, or

(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o)paragraph (3) or (6) of regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (read with paragraphs (4) and (7) of that regulation) applies,

(p). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q)paragraph (1)(a) or (b) of regulation 29 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009( S.I. 2009/2401) applies, or

(r)paragraph (1) of regulation 17 of the Agency Workers Regulations 2010 applies

(4)Subsection (1) does not apply if the reason (or, if more than one, the principal reason) for the dismissal is, or relates to, the employee’s political opinions or affiliation.

(5)Subsection (1) does not apply if the reason (or, if more than one, the principal reason) for the dismissal is, or is connected with, the employee’s membership of a reserve force (as defined in section 374 of the Armed Forces Act 2006).

---

Source: legislation.gov.uk
Contains public sector information licensed under the Open Government Licence v3.0. © Crown copyright. Users may consult legislation.gov.uk for the most current version.