98ZENormal retirement age below 65: dismissal at or after retirement ageE+W+S
(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 below 65, and
(c)the operative date of termination falls on or after the date when the employee reaches the normal retirement age.
(2)If it is unlawful discrimination under the 2006 Regulations for the employee to have that normal retirement age, retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(3)Subsections (4) to (7) apply if it is not unlawful discrimination under the 2006 Regulations for the employee to have that normal retirement age.
(4)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 dismissal by the employer and any other reason shall be disregarded.
(5)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.
(6)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.
(7)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
Modifications etc. (not altering text)
C1Ss. 98ZA-98ZH modified (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), regs. 1(1), 47, Sch. 6 para. 10(4), (with regs. 44-46, Sch. 7)
C2Ss. 98ZA-98ZF applied (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), regs. 1(1), 30(3), (with regs. 44-46)