Modifications etc. (not altering text)
C1Pt. V modified by S.I. 1981/1794, regs. 8(1)(4), 13
Pt. V (ss. 54-80) modified (3.4.1995) by 1994 c. 19, s. 44(1)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 7, Sch. 3
Pt. V modified (E.W.) (ss. 54-80) (26.8.1994) by 1994 c. 20, s. 4, Sch. 4 para. 7(1)(3); S.I. 1994/1841, art. 2
Pt. V modified (ss. 54-80) (prosp.) by 1995 c. 26, ss. 46(5)(6), 180(1) (which c. 46 was repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202))
C2Pt. V (ss. 54–80) modified by S.I. 1989/901, arts. 3, 4(b), Sch.
C3Pt. V (ss. 54-80) modified (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss.152(1),153, 302.
Pt. V (ss. 54-80) excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 167(1), 302.
Pt. V: by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 167(1)(2)(3), 302 it is provided (16.10.1992) that Pt. V of this Act shall have effect subject to the provisions of ss. 152-166 of that 1992 Act and that those sections shall be construed as one with this Part.
(1)F1. . . 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 [F2two years] ending with the effective date of termination, or
[F3(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 [F4two years] there were substituted the words [F5one month].
(3)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(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 or, in a redundancy case, for selecting the employee for dismissal, was an inadmissible reason.
(4)For the purposes of subsection (3) “inadmissible”, in relation to a reason, means that it is one of those specified in section [F857A(1) (read with (2) and (3))] 60(a) to (e) [F9or 60A(1) (read with (2) and (3))].
(5)Subsection (1) shall not apply to a case falling within section 60(f).]
Textual Amendments
F1Words in s. 64(1) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1 (with savings in Sch. 3 para. 2).
F2Words substituted (with saving) by virtue of S.I. 1985/782, arts. 3(1), 5
F3S. 64(1)(b) substituted by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 3(1)
F4Words substituted (with saving) by virtue of S.I. 1985/782, arts. 4, 5
F5Words substituted with saving by Employment Act 1982 (c. 46, SIF 43:5), s. 20, Sch. 2 para. 5(1)
F6S. 64(3) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1 (with savings in Sch. 3 para. 2)
F7S. 64(3)-(5) inserted (30.8.1993 except for the purpose of giving effect to s. 60(a)-(f) of this Act) by 1993 c. 19, ss. 24(3), 52; S.I. 1993/1908, art. 2(1), Sch.1
F8Words in s. 64(4) inserted (30.8.1993) by 1993 c. 19, s. 28, Sch. 5 para. 5; S.I. 1993/1908, art. 2(1), Sch.1
F9Words in s. 64(4) inserted (30.8.1993) by 1993 c. 19, s. 29(3); S.I. 1993/1908, art. 2(1), Sch.1
Modifications etc. (not altering text)
C4S. 64 excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 154, 302.
C5S. 64(1) excluded (E.W.) (26.8.1994) by 1994 c. 20, s. 4, Sch. 4 para. 9; S.I. 1994/1841, art. 2
S. 64(1) excluded (E.W.) (3.1.1995) by 1994 c. 40, ss. 20, 82(2), Sch. 8 para. 9