Part V Unfair Dismissal

Exclusion of section 54

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 F1two years ending with the effective date of termination, or

F2(b)

attained the following age on or before the effective date of termination, that is to say—

(i)

if in the undertaking in which he was employed there was a normal retiring age for an employee holding the position which he held and the age was the same whether the employee holding that position was a man or a woman, that normal retiring age; and

(ii)

in any other case, the age of sixty-five.

(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 F3two years there were substituted the words F4one month.

(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 F5one of those specified in section 58(1).