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Protection of Existing Conditions

Part of Orders of the Day — Sex Discrimination Bill [Lords] – in the House of Commons at 6:30 pm on 22nd October 1986.

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Modifications of 1978 Act in paragraph 1 cases4. Section 54 of the 1978 Act (right not to be unfairly dismissed) shall apply to a dismissal regarded as unfair by virtue of paragraph l above regardless of the period for which the employee has been employed and of his age; and accordingly sections 64(1) and 64A(1) of that Act (which disapply the right not to be unfairly dismissed in cases where the employee has not been continuously employed for qualifying periods or has attained retiring age) shall not apply to such a dismissal.5. — (1) Where in the case of a dismissal regarded as unfair by virtue of paragraph 1 above an additional award falls to be made under section 71(2)(b) of the 1978 Act (compensation where employee not re-enstated or reingaged in accordance with an order for reinstatement or re-engagement following unfair dismissal), the amount shall be not less than 26 and not more than 52 weeks pay.(2) For the purposes of this paragraph the amount of a week's pay shall be calculated in accordance with Schedule 14 to the 1978 Act.6. Subsection (3) of section 57 of the 1978 Act (determination of question whether dismissal fair or unfair) shall have effect subject to paragraph 1 above.