Search Legislation

The Employment Equality (Repeal of Retirement Age Provisions) Regulations (Northern Ireland) 2011

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Employment Equality (Repeal of Retirement Age Provisions) Regulations (Northern Ireland) 2011 and shall come into operation on 6th April 2011.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendments to the Employment Equality (Age) Regulations (Northern Ireland) 2006

2.—(1) The Employment Equality (Age) Regulations (Northern Ireland) 2006(2) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 7 (applicants and employees), omit paragraphs (4), (5) and (8).

(3) Regulation 32 (exception for retirement) is revoked.

(4) For regulation 36 (exception for provision of life assurance cover to retired workers), substitute—

Insurance etc.

36.(1) Nothing in Part 2 or 3 shall render it unlawful for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of an employee for a period ending when the employee attains whichever is the greater of—

(a)the age of 65, and

(b)the state pensionable age.

(2) Nothing in Part 2 or 3 shall render it unlawful for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of only such employees as have not attained whichever is the greater of—

(a)the age of 65, and

(b)the state pensionable age.

(3) Paragraphs (1) and (2) apply only where the insurance or related financial service is, or is to be, provided to the employer’s employees or a class of those employees—

(a)in pursuance of an arrangement between the employer and another person, or

(b)where the employer’s business includes the provision of insurance or financial services of the description in question, by the employer.

(4) The state pensionable age is the pensionable age determined in accordance with the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995(3)..

(5) Regulation 51 (duty to consider working beyond retirement) is revoked.

(6) Schedule 5 (duty to consider working beyond retirement) is revoked.

(7) In Schedule 7, omit sub-paragraphs (3) to (5), (7) and (9) of paragraph 3.

Amendments to the Employment Rights (Northern Ireland) Order 1996

3.—(1) The Employment Rights (Northern Ireland) Order 1996(4) is amended in accordance with paragraphs (2) to (7).

(2) In Article 130(5) (fairness of dismissals: general)—

(a)omit paragraphs (2)(ba), (2A) and (3A), and

(b)in paragraph (4), for “In any other case where” substitute “Where”.

(3) Omit Articles 130ZA to 130ZH (retirement dismissals)(6).

(4) In Article 137 (redundancy), omit paragraph (7I)(7).

(5) In Article 140(3) (qualifying period of employment), omit sub-paragraph (q) as inserted by the Employment Equality (Age) Regulations (Northern Ireland) 2006(8).

(6) In Article 146(5)(a) (remedies for unfair dismissal: orders for compensation), omit “130ZG or”(9).

(7) In Article 154(1A)(a) (basic award in certain cases), omit “130ZG or”(10).

Transitional provisions

4.—(1) The provisions mentioned in paragraph (2) continue to have effect in relation to the employment of a person as if regulations 2 and 3 had not been made where—

(a)notification in respect of that employment has been given under paragraph 2 or 4 of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 before the date on which these Regulations came into operation, and

(b)that person has attained the age limit or will attain it before 1st October 2011.

(2) The provisions are—

(a)Articles 130(2)(ba), (2A) and (3A), 130ZA to 130ZD, 130ZF to 130ZH, 137(7I), 146(5)(a) and 154(1A)(a) of the Employment Rights (Northern Ireland) Order 1996,

(b)Article 140(3)(q) (as inserted by the Employment Equality (Age) Regulations (Northern Ireland) 2006) of the Employment Rights (Northern Ireland) Order 1996,

(c)Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006, and

(d)regulation 32 of those Regulations.

(3) The age limit is whichever is the greater of—

(a)the age of 65, and

(b)the normal retirement age in the case of the employment concerned.

(4) Despite this regulation—

(a)an employer may not issue a notification under paragraph 2 or 4 of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 on or after 6th April 2011 in respect of the employment of a person to which this regulation applies, and

(b)an employee may not make a request under paragraph 5 of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 on or after 5th January 2012 in respect of the employment to which this regulation applies.

(5) In this regulation, “normal retirement age” has the meaning given in Article 130ZH of the Employment Rights (Northern Ireland) Order 1996.

(6) This regulation does not apply to the employment of a person if Article 130ZE of the Employment Rights (Northern Ireland) Order 1996 would (but for regulation 3(3)) apply to a dismissal from that employment.

5.—(1) The provisions mentioned in paragraph (2) continue to have effect in relation to the employment of a person as if regulations 2(5) to (7) and 3 had not been made where—

(a)notification in respect of that employment has been given under paragraph 2 or 4 of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 before the date on which these Regulations came into operation, and

(b)Article 130ZE of the Employment Rights (Northern Ireland) Order 1996 would (but for regulation 3(3)) apply to a dismissal from that employment.

(2) The provisions are—

(a)Articles 130(2)(ba), (2A) and (3A), 130ZE to 130ZH, 137(7I), 146(5)(a) and 154(1A)(a) of the Employment Rights (Northern Ireland) Order 1996,

(b)Article 140(3)(q) (as inserted by the Employment Equality (Age) Regulations (Northern Ireland) 2006) of the Employment Rights (Northern Ireland) Order 1996, and

(c)Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006.

6.  Despite regulation 2(5), (6) and (7), paragraphs 9, 12 and 13 of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 (right of employee to be accompanied at meeting with employer) continue to have effect in a case where paragraph 9 of that Schedule applies immediately before the commencement of these Regulations.

7.  Regulations 4 to 6 do not affect the general operation of section 28 of the Interpretation Act (Northern Ireland) 1954(11).

Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 24 March 2011

Legal seal

Tim Losty

A senior officer of the Office of the First Minister and deputy First Minister

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources