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The Employment Rights (Northern Ireland) Order 1996
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Changes over time for: Section 130ZB
Version Superseded: 06/04/2011
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- 01/10/2006- Amendment
- 01/10/2006
Point in time - 06/04/2011- Amendment
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No normal retirement age: dismissal at or after 65N.I.
130ZB.—(1) This Article applies to the dismissal of an employee if—
(a)the employee has no normal retirement age, and
(b)the operative date of termination falls on or after the date when the employee reaches the age of 65.
(2) In a case where—
(a)the employer has notified the employee in accordance with paragraph 2 of Schedule 5 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.
(3) In a case where—
(a)the employer has notified the employee in accordance with paragraph 2 of Schedule 5 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.
(4) In a case where—
(a)the employer has not notified the employee in accordance with paragraph 2 of Schedule 5 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.
(5) In all other cases where the employer has not notified the employee in accordance with paragraph 2 of Schedule 5 to the 2006 Regulations, particular regard shall be had to the matters in Article 130ZF when determining the reason (or principal reason) for dismissal.
Modifications etc. (not altering text)
C1Arts. 130ZA-130ZH modified (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 51, Sch. 5 para. 10(4) (with reg. 50)
C2Arts. 130ZA-130ZH applied by S.R. 2004/521, reg. 4(1)(h) (as added (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 53(1), Sch. 7 para. 14(2)(b) (with reg. 50))
C3Arts. 130ZA-130ZH applied (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 32(3) (with reg. 50)
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