SCHEDULE 6Duty to consider working beyond retirement
3
1
This paragraph applies if the employer has notified the employee in accordance with paragraph 2 or 4 or the employee has made a request before being notified in accordance with paragraph 4 (including where no notification in accordance with that paragraph is given), and—
a
the employer and employee agree, in accordance with paragraph 7(3)(b) or 8(5)(b), that the dismissal is to take effect on a date later than the relevant date;
b
the employer gives notice to the employee, in accordance with paragraph 7(7)(a)(ii) or, where the employee appeals, paragraph 8(9)(a)(ii), that the dismissal is to take effect on a date later than the relevant date; or
c
the employer and employee agree that the dismissal is to take effect on a date earlier than the relevant date.
2
This Schedule does not require the employer to give the employee a further notification in respect of dismissal taking effect on a date—
a
agreed as mentioned in sub-paragraph (1)(a) or notified as mentioned in sub-paragraph (1)(b) that is later than the relevant date and falls six months or less after the relevant date; or
b
agreed as mentioned in sub-paragraph (1)(c) that is earlier than the relevant date.
3
If—
a
a date later than the relevant date is agreed as mentioned in sub-paragraph (1)(a) or notified as mentioned in sub-paragraph (1)(b) and falls six months or less after the relevant date, or
b
a date earlier than the relevant date is agreed as mentioned in sub-paragraph (1)(c),
the earlier or later date shall supersede the relevant date as the intended date of retirement.
4
In this paragraph, “the relevant date” means the date that is defined as the intended date of retirement in paragraph (a), (b) or (c) of paragraph 1(2).