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(1)For paragraph (b) of subsection (1) of section 64 of the M1Employment Protection (Consolidation) Act 1978 (upper age limit for unfair dismissal cases) there shall be substituted the following paragraph—
“(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)In subsection (6) of section 73 of the said Act of 1978 (definitions for the purpose of the provision for reducing a basic award for unfair dismissal), for the words from “”the specified anniversary’” to “her birth” there shall be substituted the words “”the specified anniversary’ in relation to an employee means the sixty-fourth anniversary of the day of his birth”.
(3)Subsection (2) above shall not affect any award for the unfair dismissal of an employee in relation to whom the effective date of termination (within the meaning of Part V of the said Act of 1978) was before the coming into force of that subsection.
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