SCHEDULE 7Duty to consider working beyond retirement - transitional provisions
4
1
This paragraph applies in a case where—
a
notice of dismissal is given on or after the commencement date of at least—
i
the period required by the contract of employment; or
ii
if longer, the period required by section 86 of the 1996 Act; and
b
the expiry date falls before 1st April 2007.
2
Where this paragraph applies and the employer notifies the employee in writing of the employee's right to make a request under paragraph 5 of Schedule 6 before, or on the same day as, the day on which notice of dismissal is given—
a
the employer shall be treated as complying with the duty in paragraph 2 of Schedule 6;
b
a request shall be treated as being a request made under paragraph 5 of Schedule 6 provided it—
i
is made after the employer notified the employee of his right to make a request;
ii
satisfies the requirements of sub-paragraphs (2) and (3) of paragraph 5 of Schedule 6; and
iii
is made—
aa
where practicable, at least four weeks before the expiry date; or
bb
where that is not practicable, as soon as reasonably practicable (whether before or after the expiry date) after the employer notified the employee of his right to make a request, but not more than four weeks after the expiry date.
3
Where this paragraph applies but the employer does not notify the employee in writing of the employee's right to make a request under paragraph 5 of Schedule 6 before, or on the same day as, the day on which notice of dismissal is given—
a
the duty to notify in accordance with paragraph 2 of Schedule 6 does not apply;
b
the duty to notify in accordance with paragraph 4 of Schedule 6 applies as if—
i
the employer had failed to notify in accordance with paragraph 2 of that Schedule; and
ii
the duty was one to notify at any time before the expiry date;
c
a request shall be treated as being a request made under paragraph 5 of Schedule 6 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
i
before any notification given in accordance with paragraph 4 of Schedule 6; or
ii
after such notification and—
aa
where practicable, at least four weeks before the expiry date; or
bb
where that is not practicable, as soon as reasonably practicable (whether before or after the expiry date) after the employer notified the employee of his right to make a request, but not more than four weeks after the expiry date.