Retirement dismissals: fairnessN.I.
130ZG.—(1) This Article applies if the reason (or principal reason) for a dismissal is retirement of the employee.
(2) The employee shall be regarded as unfairly dismissed if, and only if, there has been a failure on the part of the employer to comply with an obligation imposed on him by any of the following provisions of Schedule 5 to the 2006 Regulations—
(a)paragraph 4 (notification of retirement, if not already given under paragraph 2),
(b)paragraphs 6 and 7 (duty to consider employee's request not to be retired),
(c)paragraph 8 (duty to consider appeal against decision to refuse request not to be retired).
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)