Employment Act 1989

Redundancy

16 Redundancy payments: assimilation of age limits for men and women

(1) In section 82 of the 1978 Act (general exclusions from right to redundancy payment), the following subsection shall be substituted for subsection (1)—

“(1) An employee shall not be entitled to a redundancy payment if he has before the relevant date attained the following age, that is to say—

(a) in a case where—

(i) in the business for the purposes of which he was employed there was a normal retiring age of less than sixty-five for an employee holding the position which he held, 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) In paragraph 4(2) of Schedule 4 to that Act (calculation of redundancy payments), for the words from ““the specified anniversary”” to “her birth,” there shall be substituted ““the specified anniversary”, in relation to an employee, means the sixty-fourth anniversary of the day of his birth,”.

17 Abolition of redundancy rebates

The following provisions of the 1978 Act, namely—

(a) sections 104 and 104A (payment by Secretary of State of redundancy rebates to employers with less than ten employees), and

(b) Schedule 6 (calculation of amount of redundancy rebates),

shall cease to have effect.