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Litigation Letter

The Employment Relations Act 1999 (Commencement No 5 and Transitional Provision) Order 2000

This Order brought into force on 24 April s16 of and Schedule 5 to the Employment Relations Act 1990. These provisions amend Part V of the Trade Union and Labour Relations (Consolidation) Act 1992, to provide that an employee is regarded as unfairly dismissed for the purposes of Part X of the Employment Rights Act 1996 if dismissed, in certain circumstances, because he or she took part in official industrial action. The provisions also make consequential amendments to s105 of the Employment Rights Act 1996 (unfair selection for redundancy). Article 3 of the Order provides that the changes apply only to the dismissal of employees who start to take industrial action beginning on or after 24 April.

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