LRD guides and handbook November 2014

Unfair dismissal - a legal guide for union reps

Chapter 5

Employee representatives and pension fund trustees

[ch 5: page 63]

Under section 103 ERA it is automatically unfair to dismiss an employee representative for collective redundancies or TUPE, or a candidate for such a position, for performing, or proposing to perform, these functions. Similar protection applies to trustees of occupational pension funds under section 102 ERA. Dismissal for acting as a member of a European Works Council (EWC), standing as a candidate for the EWC or acting as a member of a Special Negotiating Body is also automatically unfair, as is dismissal in connection with information and consultation rights.