Employment Rights Act 1996

[F198ZDNormal retirement age 65 or higher: dismissal at or after retirement ageE+W+S
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Amendments (Textual)

(1)This section applies to the dismissal of an employee if—

(a)the employee has a normal retirement age,

(b)the normal retirement age is 65 or higher, and

(c)the operative date of termination falls on or after the date when the employee reaches the normal retirement age.

(2)In a case where—

(a)the employer has notified the employee in accordance with paragraph 2 of Schedule 6 to the 2006 Regulations, and

(b)the contract of employment terminates on the intended date of retirement,

retirement of the employee shall be taken to be the only reason for the dismissal by the employer and any other reason shall be disregarded.

(3)In a case where—

(a)the employer has notified the employee in accordance with paragraph 2 of Schedule 6 to the 2006 Regulations, but

(b)the contract of employment terminates before the intended date of retirement,

retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.

(4)In a case where—

(a)the employer has not notified the employee in accordance with paragraph 2 of Schedule 6 to the 2006 Regulations, and

(b)there is an intended date of retirement in relation to the dismissal, but

(c)the contract of employment terminates before the intended date of retirement,

retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.

(5)In all other cases where the employer has not notified the employee in accordance with paragraph 2 of Schedule 6 to the 2006 Regulations, particular regard shall be had to the matters in section 98ZF when determining the reason (or principal reason) for dismissal.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)