Section 105(1)

An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if— the reason (or, if more than one, the principal reason) for the dismissal is that the employee was redundant, it is shown that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by the employee and who have not been dismissed by the employer, and it is shown that any of subsections (2A) to (7N) applies.

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