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.