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Section 238(2)

TULRCA 1992

In such a case an employment tribunal shall not determine whether the dismissal was fair or unfair unless it is shown— that one or more relevant employees of the same employer have not been dismissed, or that a relevant employee has before the expiry of the period of three months beginning with the date of his dismissal been offered re-engagement and that the complainant has not been offered re-engagement.

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Source: legislation.gov.uk · retrieved 2026-09-04