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

Amendments to the Employment Rights Act 1996

This sectionnoteType=Explanatory Memorandum has no associated

3.  (1)  The Employment Rights Act 1996(1) is amended as follows.

(2) In section 98(2) (fairness of dismissals: general)—

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

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

(3) Omit sections 98ZA to 98ZH (retirement dismissals)(3).

(4) In section 105 (redundancy) omit subsection (7IA)(4).

(5) In section 108 (qualifying period of employment) omit subsection (3)(n)(5).

(6) In section 112 (remedies for unfair dismissal: orders for compensation), omit subsections (5) and (6)(6).

(7) In section 120 (basic award in certain cases), omit subsections (1A) and (1B)(7).

(2)

Relevant amendments to section 98 have been made by S.I. 2006/1031, Schedule 8, Part 1, paragraphs 21 and 22.

(3)

Subsections 98ZA to 98ZH inserted by S.I. 2006/1031, Schedule 8, Part 1, paragraphs 21 and 23.

(4)

Subsection (7IA) inserted by S.I. 2007/825.

(5)

Paragraph (n) inserted by S.I. 2006/1031, Schedule 8, Part 1, paragraphs 21 and 24.

(6)

Subsection (5) was inserted by the Employment Act 2002 (c.22), section 34(1) and (3) and amended by S.I. 2006/1031, Schedule 8, Part 1, paragraphs 21 and 26. Subsection (6) was inserted by the Employment Act 2002 (c.22), section 34(1) and (3).

(7)

Subsection (1A) was inserted by the Employment Act 2002 (c.22), section 34(1) and (6) and amended by S.I. 2006/1031, Schedule 8, Part 1, paragraphs 21 and 28 and the Employment Act 2008 (c.24), section 20, Schedule, Part 1. Subsection (1B) was inserted by the Employment Act 2002 (c.22), section 34(1) and (6).