This Section amends the ERA 1996 by adding new sections 104I, 104J and 104K which provide for two new types of automatically unfair dismissal related to fire and rehire and fire and replace practices and a process for considering whether dismissals made to effect non-restricted variations are unfair.
	Subsections (2) and (3) amend Part 10 (unfair dismissal) of the ERA 1996 to insert new section 104I which provides that it will be considered an unfair dismissal if an employee is dismissed by their employer for not agreeing to a restricted variation to their contract, or if the employer dismisses the employee to replace or to re-engage them on varied contractual terms containing a restricted variation, unless the employer can demonstrate they fall within one of the exemptions in new section 104I(8) or (9). It also inserts new section 104J which sets out matters which the Employment Tribunal should consider when considering the fairness of a dismissal for refusing to agree a non-restricted variation, or in order to replace or to re-engage the employee on varied contractual terms containing only non-restricted variation(s). Section 104K is also inserted to make it an automatic unfair dismissal where an employee is dismissed in order to replace them with a non-employee, unless the employer can demonstrate they fall within one of the exemptions in new section 104K(4) or (5).
	Subsection (4) makes a consequential amendment to the heading of section 105 of the ERA 1996 due to the addition of s104K.
	Subsection (5) makes consequential amendments to add references to s104I and s104K into section 108(3) of the ERA 1996. The effect of this is that there will be no qualifying period of employment for those bringing unfair dismissal claims under these sections.
	Subsection (6) provides that regulations made using the powers in s104I, 104J(5)(f) and s104K(7)(d) will be subject to the affirmative procedure.
Part 1: Employment Rights Dismissal Section 28: Dismissal for failing to agree to variation of contract, etc