Section 108, Employment Rights Act 1996

Exclusion of right

108 Qualifying period of employment

(1) Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than two years[1] ending with the effective date of termination.

(2) If an employee is dismissed by reason of any such requirement or recommendation as is referred to in section 64(2), subsection (1) has effect in relation to that dismissal as if for the words two years[1] there were substituted the words “one month”.

(3) Subsection (1) does not apply if—

(aa) subsection (1) of section 98B (read with subsection (2) of that section) applies,

(b) subsection (1) of section 99 (read with any regulations made under that section) applies,

(d) subsection (1) of section 101 (read with subsection (2) of that section) or subsection (3) of that section applies,

(dd) section 101A applies,

(de) section 101B applies,

(e) section 102 applies,

(f) section 103 applies,

(ff) section 103A applies,

(g) subsection (1) of section 104 (read with subsections (2) and (3) of that section) applies,

(gg) subsection (1) of section 104A (read with subsection (2) of that section) applies,

(gh) subsection (1) of section 104B (read with subsection (2) of that section) applies,

(gi) section 104C applies,

(gj) subsection (1) of section 104D (read with subsection (2) of that section) applies,

(gk) subsection (1) of section 104F (read with subsection (2) of that section) applies,

(gk) section 104E applies,

(h) section 105 applies,

(hh) paragraph (3) or (6) of regulation 28 of the Transnational Information and Consultation of Employees Regulations 1999 (read with paragraphs (4) and (7) of that regulation) applies,

(i) paragraph (1) of regulation 7 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 applies,

(j) paragraph (1) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 applies,

(k) paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations 2004 applies;

(l) paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations 2004 (read with paragraphs (4) and (7) of that regulation) applies,

(m) paragraph 5(3) or (5) of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (read with paragraph 5(6) of that Schedule) applies,

(n)paragraph (a) or (b) of paragraph 13(5) of Schedule 6 to the Employment Equality (Age) Regulations 2006 applies,

(o) paragraph (3) or (6) of regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (read with paragraphs (4) and (7) of that regulation) applies,

(p) regulation 46 or 47 of the Companies (Cross-Border Mergers) Regulations 2007 applies, or

(q) paragraph (1)(a) or (b) of regulation 29 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (SI 2009/2401) applies, or

(q) paragraph (1) of regulation 17 of the Agency Workers Regulations 2010 applies.

[1] This only applies in any case where the period of continuous employment begins on or after 6th April 2012, otherwise “two years” should be read as “one year”.