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The Employment Equality (Age) Regulations (Northern Ireland) 2006

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Appeals

8.—(1) An employee is entitled to appeal against—

(a)a decision of his employer to refuse the request; or

(b)a decision of his employer to accept the request where the notice given under paragraph 7(6) states as mentioned in paragraph 7(7)(a)(ii) specifies and a period shorter than the period proposed by the employee in the request,

by giving notice in accordance with sub-paragraph (2) as soon as is reasonably practicable after the date of the notice given under paragraph 7(6).

(2) A notice of appeal under sub-paragraph (1) shall set out the grounds of appeal.

(3) The employer shall hold a meeting with the employee to discuss an appeal within a reasonable period after the date of the notice of appeal.

(4) The employer and employee must take all reasonable steps to attend the meeting.

(5) The duty to hold a meeting does not apply if, before the end of the period that is reasonable—

(a)the employer and employee agree that the employee’s employment will continue indefinitely and the employer gives notice to the employee to that effect; or

(b)the employer and employee agree that the employee’s employment will continue for an agreed period and the employer gives notice to the employee of the length of that period or of the date on which it will end.

(6) The duty to hold a meeting does not apply if—

(a)it is not practicable to hold a meeting within the period that is reasonable; and

(b)the employer complies with sub-paragraph (7).

(7) Where sub-paragraph (6)(a) applies, the employer may consider the appeal without holding a meeting provided he considers any representations made by the employee.

(8) The employer shall give the employee notice of his decision on the appeal as soon as is reasonably practicable after the date of the meeting or, if sub-paragraphs (6) and (7) apply, his consideration of the appeal.

(9) A notice given under sub-paragraph (8) shall—

(a)where the decision is to accept the appeal, state that it is accepted and—

(i)where the decision is that the employee’s employment will continue indefinitely, state that fact; or

(ii)where the decision is that the employee’s employment will continue for a further period, state that fact and specify the length of the period or the date on which it will end;

(b)where the decision is to refuse the appeal, confirm that the employer wishes to retire the employee and the date on which the dismissal is to take effect.

(10) All notices given under this paragraph shall be in writing and be dated.

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