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The Employment Rights (Northern Ireland) Order 1996, Section 141 is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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,]
[F5F6(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.[F12 or]]
[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.]
F2SR 1998/386
F6Art. 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
F7SI 1999/3323
F9SR 2000/219
F10SR 2002/298
F11SR 2004/417
F12SR 2005/47
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