77E+W+SIn section 238 of the 1992 Act (tribunal not to determine whether or not dismissal is fair where there is a lock-out or industrial action), after subsection (2) there shall be inserted—
“(2A)Subsection (2) does not apply to the dismissal of the employee if it is shown that the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal was one of those specified in section 57A or 60 of the Employment Protection (Consolidation) Act 1978 (dismissal in health and safety cases and maternity cases).
In this subsection “redundancy case” has the meaning given in section 59 of that Act.”.
Commencement Information
I1Sch. 8 para. 77 wholly in force at 10.6.1994; Sch. 8 para. 77 not in force at Royal Assent see s. 52; Sch. 8 para. 77 in force at 30.8.1993 so far as it relates to s. 57A of the 1978 Act by S.I. 1993/1908, art. 2(1), Sch. 1; Sch. 8 para. 77 in force at 10.6.1994 in so far as not already in force by S.I. 1994/1365, art. 2, Sch.