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Section 7 PIDA 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".

Explanatory Note

This provides that neither the minimum one-year qualifying period nor the upper age limit applies to claims under this Act for unfair dismissal or unfair selection for redundancy.

Subs. (1)
The effect is that rights in respect of dismissal for making a protected disclosure arise on the first day of employment, but see notes to section 5 supra as to the different burden of proof that applies in this situation. It should be noted that rights in respect of victimisation short of dismissal (see s.2 supra) also arise on day one.

Subs. (2)
The effect is that the rights against unfair dismissal are not lost where the employee makes a protected disclosure after he has reached normal retirement age or, where there is none, the age of sixty-five.