Employment Protection (Consolidation) Act 1978

64 Qualifying period and upper age limit

(1) Subject to subsection (3), section 54 does not apply to the dismissal of an employee from any employment if the employee—

(a) was not continuously employed for a period of not less than twenty-six weeks ending with the effective date of termination, or

(b) on or before the effective date of termination attained the age which, in the undertaking in which he was employed, was the normal retiring age for an employee holding the position which he held, or, if a man, attained the age of sixty-five, or, if a woman, attained the age of sixty.

(2) If an employee is dismissed by reason of any such requirement or recommendation as is referred to in section 19(1), subsection (1)(a) shall have effect in relation to that dismissal as if for the words " twenty-six weeks " there were substituted the words " four weeks ".

(3) Subsection (1) shall not apply to the dismissal of an employee if it is shown that the reason (or, if more than one, the principal reason) for the dismissal was an inadmissible reason.