Transitional provisions5
1
Despite regulations 2 to 4, the provisions mentioned in paragraph (2) continue to have effect in relation to the employment of a person if—
a
notification in respect of that employment has been given under paragraph 2 or 4 of Schedule 6 to the Employment Equality (Age) Regulations 2006 before the date of the commencement of these Regulations, and
b
that person has attained the age limit or will attain it before 1st October 2011.
2
The provisions are—
a
sections 98(2)(ba), (2A) and (3A), 98ZA to 98ZD, 98ZF to 98ZH, 105(7IA), 108(3)(n), 112(5) and (6) and 120(1A) and (1B) of the Employment Rights Act 1996,
b
Schedule 6 to the Employment Equality (Age) Regulations 2006, and
c
paragraph 8 of Schedule 9 to the Equality Act 2010.
3
The age limit is whichever is the greater of—
a
the age of 65, and
b
the normal retirement age in the case of the employment concerned.
4
Despite this regulation—
a
an employer may not issue a notification under paragraph 2 or 4 of Schedule 6 to the Employment Equality (Age) Regulations 2006 on or after 6th April 2011 in respect of the employment of a person to which this regulation applies; and
b
an employee may not make a request under paragraph 5 of Schedule 6 to the Employment Equality (Age) Regulations 2006 on or after 5th January 2012 in respect of the employment to which this regulation applies.
5
In this regulation, “normal retirement age” has the meaning given in section 98ZH of the Employment Rights Act 1996.
6
This regulation does not apply to the employment of a person if section 98ZE of the Employment Rights Act 1996 would (but for regulation 3(3)) apply to a dismissal from that employment.