The Employment Rights (Northern Ireland) Order 1996

Upper age limit N.I.

141.—(1) Article 126 does not apply to the dismissal of an employee if on or before the effective date of termination he has attained—

(a) in a case where—

(i) in the undertaking in which the employee was employed there was a normal retiring age for an employee holding the position held by the employee, and

(ii) the age was the same whether the employee holding that position was a man or a woman,

that normal retiring age, and

(b) in any other case, the age of sixty-five.

(2) Paragraph (1) does not apply if—

Sub‐para. (a) rep. by 1999 NI 9

[F1 (aa) paragraph (1) of Article 130B (read with paragraph (2) of that Article) applies,]

[F1 (b) paragraph (1) of Article 131 (read with any regulations made under that Article) applies,]

(c) paragraph (1) of Article 132 (read with paragraphs (2) and (3) of that Article) applies,

[F2 (cc) Article 132A applies,]

(d) Article 133 applies,

(e) Article 134 applies,

[F3 (ee) Article 134A applies,]

(f) paragraph (1) of Article 135 (read with paragraphs (2) and (3) of that Article) applies,

[F4 (ff) paragraph (1) of Article 135A (read with paragraph (2) of that Article) applies,]

[F5 F6 (fg) paragraph (1) of Article 135B (read with paragraph (2) of that Article) applies,]

[F1 (fh) Article 135C applies,]

(g) Article 136 applies, or

(h) Article 137 appliesF7 . . .

[F8 (j) Article 144A appliesF9 . . . ]

[F7 (k) paragraph (3) or (6) of regulation 28 of the Transnational Information and Consultation of Employees Regulations 1999 (read with paragraphs (4) and (7) of that regulation) applies,F10 . . . ]

[F9 (l) paragraph (1) of regulation 7 of the Part‐time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000 applies.F11 . . . ]

[F10 (m) paragraph (1) of regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 applies.F12 . . . ]

[F11 (n) paragraph (3) or (6) of regulation 42 of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 applies.F13 . . . ]

[F12 (o) paragraph (3) or (6) of regulation 30 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 (read with paragraphs (4) and (7) of that regulation) applies.][F14 , or

(p) paragraph 5(3) or (5) of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (read with paragraph 5(6) of that Schedule) applies.]

F1 2004 NI 19

F2 SR 1998/386

F3 1998 NI 17

F4 1998 c. 39

F5 1999 c. 10

F6 Art. 141(2)(fg) insertion continued (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 27, Sch. 1 para. 4(4); S.I. 2002/1727, art. 2

F7 SI 1999/3323

F8 1999 NI 9

F9 SR 2000/219

F10 SR 2002/298

F11 SR 2004/417

F12 SR 2005/47

F13 Word in art. 141(2)(n) omitted (6.4.2006) by virtue of Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (S.R. 2006/48), reg. 17, Sch. para. 6(4)(a)

F14 Art. 141(2)(p) and preceding words inserted (6.4.2006) by Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (S.R. 2006/48), reg. 17, Sch. para. 6(4)(b)