 | |
| Redundancy. |
6. After subsection (6) of section 105 of the 1996 Act (redundancy) there is inserted-
|
| |
 |
"(6A) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was that specified in section 103A."
|
|
| Exclusion of restrictions on right not to be unfairly dismissed. |
7. - (1) In subsection (3) of section 108 of the 1996 Act (cases where qualifying period of employment not required), after paragraph (f) there is inserted-
|
| |
|
"(ff) section 103A applies," |
|
| |
(2) In subsection (2) of section 109 of the 1996 Act (disapplication of upper age limit), after paragraph (f) there is inserted-
|
| |
|
"(ff) section 103A applies,". |
|
| Compensation for unfair dismissal. |
8. - (1) In section 112(4) of the 1996 Act (compensation for unfair dismissal) after "sections 118 to 127A" there is inserted "or in accordance with regulations under section 127B".
|
| |
(2) In section 117 of that Act (enforcement of order for reinstatement or re-engagement)-
|
| |
(a) in subsection (2) after "section 124" there is inserted "and to regulations under section 127B", and |
| |
(b) in subsection (3) after "and (2)" there is inserted "and to regulations under section 127B". |
| |
(3) In section 118 of that Act (general provisions as to unfair dismissal), at the beginning of subsection (1) there is inserted "Subject to regulations under section 127B,".
|
| |
(4) After section 127A of the 1996 Act there is inserted-
|
| |
| "Dismissal as a result of protected disclosure. |
127B. - (1) This section applies where the reason (or, if more than one, the principal reason)-
|
|
(a) in a redundancy case, for selecting the employee for dismissal, or |
| |
(b) otherwise, for the dismissal, |
| |
is that specified in section 103A.
|
| |
(2) The Secretary of State may by regulations provide that where this section applies any award of compensation for unfair dismissal under section 112(4) or 117(1) or 117(3) shall, instead of being calculated in accordance with the provisions of sections 117 to 127A, consist of one or more awards calculated in such manner as may be prescribed by the regulations.
|
| |
(3) Regulations under this section may, in particular, apply any of the provisions of sections 117 to 127A with such modifications as may be specified in the regulations."
|
|
| Interim relief. |
9. In sections 128(1)(b) and 129(1) of the 1996 Act (which relate to interim relief) for "or 103" there is substituted ", 103 or 103A".
|
| Crown employment. |
10. In section 191 of the 1996 Act (Crown employment), in subsection (2) after paragraph (a) there is inserted-
|
| | |
| National security. |
11. - (1) Section 193 of the 1996 Act (national security) is amended as follows.
|
| |
(2) In subsection (2) after paragraph (b) there is inserted-
|
| |
|
|
| |
(bc) in Part V, section 47B,". |
|
| |
(3) After subsection (3) of that section there is inserted-
|
| |
|
"(4) Part IVA and sections 47B and 103A do not have effect in relation to employment for the purposes of the Security Service, the Secret Intelligence Service or the Government Communications Headquarters."
|
|
