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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 8 May 2007 - onwards

25. Amendment of section 2 (exclusions) of the Unfair Dismissals Act 1977.

(1) Section 2 of the Unfair Dismissals Act 1977 is amended in subsection (2) -

(a) by substituting "Subject to subsection (2A), this Act" for "This Act", and

(b) by deleting the proviso (commencing with the words "Provided that where, following dismissal", including the interpretative passage commencing with the words "In this proviso 'antecedent contract',").

(2) Section 2 of the Unfair Dismissals Act 1977 is amended by inserting the following after subsection (2):

"(2A) Where, following dismissal consisting only of the expiry of the term of a contract of employment of a kind mentioned in subsection (2) ('the prior contract') without the term being renewed under the contract or the cesser of the purpose of the contract -

(a) the employee concerned is re-employed by the employer concerned within 3 months of the dismissal under a contract of employment of that kind made between the employer and the employee ('the subsequent contract') and the nature of the employment is the same as or similar to that of the employment under the prior contract,

(b) the employee is dismissed from the employment,

(c) the dismissal consisted only of the expiry of the term of the subsequent contract without the term being renewed under the contract or the cesser of the purpose of the contract, and