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The Employment Equality (Age) Regulations (Northern Ireland) 2006
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Rhagor o Adnoddau
Status:
This version of this schedule contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Employment Equality (Age) Regulations (Northern Ireland) 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 6:
- Sch. 6 para. 1 coming into force by S.R. 2006/261 reg. 1(1)
- Sch. 6 para. 2 coming into force by S.R. 2006/261 reg. 1(1)
- Sch. 6 para. 3 coming into force by S.R. 2006/261 reg. 1(1)
- Sch. 6 para. 4 coming into force by S.R. 2006/261 reg. 1(1)
- Sch. 6 para. 5 coming into force by S.R. 2006/261 reg. 1(1)
- Sch. 6 para. 6 coming into force by S.R. 2006/261 reg. 1(1)
Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:
Whole provisions yet to be inserted into this Rule (including any effects on those provisions):
- Sch. 1 para. 7(b)(iv) and preceding semi-colon and word inserted by S.R. 2016/25 art. 3(a)
- Sch. 1 para. 23(d) and preceding semi-colon and word inserted by S.R. 2016/25 art. 3(d)
- Sch. 1 para. 1(6)(b) words inserted by S.R. 2012/124 art. 25(d)
- Sch. 1 para. 16(1)(b) words inserted by S.R. 2016/25 art. 3(b)
- Sch. 1 para. 16(1)(c) words inserted by S.R. 2016/25 art. 3(c)
- Sch. 1 para. 16(1)(a) words substituted by S.R. 2019/92 reg. 2(a)
- Sch. 1 para. 16(2) words substituted by S.R. 2019/92 reg. 2(b)
- reg. 14(a) words inserted by S.R. 2016/25 art. 4(a)
- reg. 34(5)(c) and word added by S.R. 2009/425 reg. 2(b)
- reg. 48(2A) inserted by S.R. 2020/4 Sch. para. 38
- reg. 48A inserted by S.R. 2020/4 Sch. para. 39
Prospective
Regulation 52
SCHEDULE 6N.I.Duty to consider working beyond retirement – transitional provisions
1. In paragraphs 2 to 6—N.I.
(a)“the expiry date” means the date on which notice of dismissal given by an employer expires; and
(b)words and expressions shall have the same meanings as they do in Schedule 5.
Commencement Information
I1Sch. 6 para. 1 in operation at 1.10.2006, see reg. 1(1)
2.—(1) This paragraph applies in a case where—N.I.
(a)an employer has given notice of dismissal to the employee before 1st October 2006 of—
(i)at least the period required by the contract of employment; or
(ii)where the period required by the contract exceeds four weeks, at least four weeks;
(b)the expiry date falls before 1st April 2007; and
(c)the employer has made the employee aware, before 1st October 2006, that the employer considers that the employee is being retired on the expiry date.
(2) Where this paragraph applies and the employer on or as soon as is practicable after 1st October 2006 notifies the employee in writing of the employee’s right to make a request under paragraph 5 of Schedule 5—
(a)the employer shall be treated as complying with the duty in paragraph 2 of Schedule 5;
(b)a request shall be treated as being a request made under paragraph 5 of Schedule 5 provided it—
(i)is made after the employer notified the employee of his right to make a request;
(ii)satisfies the requirements of sub-paragraphs (2) and (3) of paragraph 5 of Schedule 5; and
(iii)is made—
(aa)where practicable, at least four weeks before the expiry date; or
(bb)where that is not practicable, as soon as reasonably practicable (whether before or after the expiry date) after the employer notified the employee of his right to make a request, but not more than four weeks after the expiry date.
(3) Where this paragraph applies and the employer does not, on or as soon as is practicable after 1st October 2006, notify the employee in writing of the employee’s right to make a request under paragraph 5 of Schedule 5—
(a)the duty to notify in accordance with paragraph 2 of Schedule 5 does not apply;
(b)the duty to notify in accordance with paragraph 4 of Schedule 5 applies as if—
(i)the employer had failed to notify in accordance with paragraph 2 of that Schedule; and
(ii)the duty was one to notify at any time before the expiry date;
(c)a request shall be treated as being a request made under paragraph 5 of Schedule 5 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
(i)before any notification given in accordance with paragraph 4 of Schedule 5; or
(ii)after such notification and—
(aa)where practicable, at least four weeks before the expiry date; or
(bb)where that is not practicable, as soon as reasonably practicable (whether before or after the expiry date) after the employer notified the employee of his right to make a request, but not more than four weeks after the expiry date.
Commencement Information
I2Sch. 6 para. 2 in operation at 1.10.2006, see reg. 1(1)
3.—(1) This paragraph applies in a case where the employer has given notice of dismissal to the employee before 1st October 2006 and—N.I.
(a)the expiry date falls before 1st April 2007, but
(b)the period of notice given is shorter than the minimum period of notice required by paragraph 2(1)(a) or the employer has not complied with paragraph 2(1)(c).
(2) Where this paragraph applies—
(a)the duty to notify in accordance with paragraph 2 of Schedule 5 does not apply;
(b)the duty to notify in accordance with paragraph 4 of Schedule 5 applies as if—
(i)the employer had failed to notify in accordance with paragraph 2 of that Schedule; and
(ii)the duty was one to notify at any time before the expiry date;
(c)a request shall be treated as being a request made under paragraph 5 of Schedule 5 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
(i)before any notification given in accordance with paragraph 4 of Schedule 5; or
(ii)after such notification and—
(aa)where practicable, at least four weeks before the expiry date; or
(bb)where that is not practicable, as soon as reasonably practicable (whether before or after the expiry date) after the employer notified the employee of his right to make a request, but not more than four weeks after the expiry date.
Commencement Information
I3Sch. 6 para. 3 in operation at 1.10.2006, see reg. 1(1)
4.—(1) This paragraph applies in a case where—N.I.
(a)notice of dismissal is given on or after 1st October 2006 of at least—
(i)the period required by the contract of employment; or
(ii)if longer, the period required by Article 118 of the 1996 Order (rights of employer and employee to minimum notice); and
(b)the expiry date falls before 1st April 2007.
(2) Where this paragraph applies and the employer notifies the employee in writing of the employee’s right to make a request under paragraph 5 of Schedule 5 before, or on the same day as, the day on which notice of dismissal is given—
(a)the employer shall be treated as complying with the duty in paragraph 2 of Schedule 5;
(b)a request shall be treated as being a request made under paragraph 5 of Schedule 5 provided it—
(i)is made after the employer notified the employee of his right to make a request;
(ii)satisfies the requirements of sub-paragraphs (2) and (3) of paragraph 5 of Schedule 5; and
(iii)is made—
(aa)where practicable, at least four weeks before the expiry date; or
(bb)where that is not practicable, as soon as reasonably practicable (whether before or after the expiry date) after the employer notified the employee of his right to make a request, but not more than four weeks after the expiry date.
(3) Where this paragraph applies but the employer does not notify the employee in writing of the employee’s right to make a request under paragraph 5 of Schedule 5 before, or on the same day as, the day on which notice of dismissal is given—
(a)the duty to notify in accordance with paragraph 2 of Schedule 5 does not apply;
(b)the duty to notify in accordance with paragraph 4 of Schedule 5 applies as if—
(i)the employer had failed to notify in accordance with paragraph 2 of that Schedule; and
(ii)the duty was one to notify at any time before the expiry date;
(c)a request shall be treated as being a request made under paragraph 5 of Schedule 5 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
(i)before any notification given in accordance with paragraph 4 of Schedule 5; or
(ii)after such notification and—
(aa)where practicable, at least four weeks before the expiry date; or
(bb)where that is not practicable, as soon as reasonably practicable (whether before or after the expiry date) after the employer notified the employee of his right to make a request, but not more than four weeks after the expiry date.
Commencement Information
I4Sch. 6 para. 4 in operation at 1.10.2006, see reg. 1(1)
5.—(1) This paragraph applies in a case where—N.I.
(a)notice of dismissal is given on or after 1st October 2006 and is for a period shorter than—
(i)the period required by the contract of employment; or
(ii)if longer, the period required by Article 118 of the 1996 Order; and
(b)the period of notice expires on a date falling before 1st April 2007.
(2) Where this paragraph applies—
(a)the duty to notify in accordance with paragraph 2 of Schedule 5 does not apply;
(b)the duty to notify in accordance with paragraph 4 of Schedule 5 applies as if—
(i)the employer had failed to notify in accordance with paragraph 2 of that Schedule; and
(ii)the duty was one to notify at any time before the expiry date;
(c)a request shall be treated as being a request made under paragraph 5 of Schedule 5 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
(i)before any notification given in accordance with paragraph 4 of Schedule 5; or
(ii)after such notification and—
(aa)where practicable, at least four weeks before the expiry date; or
(bb)where that is not practicable, as soon as reasonably practicable (whether before or after the expiry date) after the employer notified the employee of his right to make a request, but not more than four weeks after the expiry date.
Commencement Information
I5Sch. 6 para. 5 in operation at 1.10.2006, see reg. 1(1)
6. In every case to which paragraph 2, 3, 4 or 5 applies—N.I.
(a)paragraph 10 of Schedule 5 does not apply; and
(b)the employer is under a duty to consider any request which complies with the requirements of paragraph 2(2)(b), 2(3)(c), 3(2)(c), 4(2)(b), 4(3)(c) or 5(2)(c) in accordance with paragraphs 7 to 9 of Schedule 5.
Commencement Information
I6Sch. 6 para. 6 in operation at 1.10.2006, see reg. 1(1)
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