- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
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Commencement Orders bringing legislation that affects this Instrument into force:
7.—(1) An employer having a duty under paragraph 6 to consider a request shall hold a meeting to discuss the request with the employee within a reasonable period after receiving it.
(2) The employer and employee must take all reasonable steps to attend the meeting.
(3) The duty to hold a meeting does not apply if, before the end of the period that is reasonable—
(a)the employer and employee agree that the employee's employment will continue indefinitely and the employer gives notice to the employee to that effect; or
(b)the employer and employee agree that the employee's employment will continue for an agreed period and the employer gives notice to the employee of the length of that period or of the date on which it will end.
(4) The duty to hold a meeting does not apply if—
(a)it is not practicable to hold a meeting within the period that is reasonable, and
(b)the employer complies with sub-paragraph (5).
(5) Where sub-paragraph (4)(a) applies, the employer may consider the request without holding a meeting provided he considers any representations made by the employee.
(6) The employer shall give the employee notice of his decision on the request as soon as is reasonably practicable after the date of the meeting or, if sub-paragraphs (4) and (5) apply, his consideration of the request.
(7) A notice given under sub-paragraph (6) shall—
(a)where the decision is to accept the request, state that it is accepted and—
(i)where the decision is that the employee's employment will continue indefinitely, state that fact, or
(ii)where the decision is that the employee's employment will continue for a further period, state that fact and specify the length of the period or the date on which it will end,
(b)where the decision is to refuse the request, confirm that the employer wishes to retire the employee and the date on which the dismissal is to take effect,
and, in the case of a notice falling within paragraph (b), and of a notice referred to in paragraph (a) that specifies a period shorter than the period proposed by the employee in the request, shall inform the employee of his right to appeal.
(8) All notices given under this paragraph shall be in writing and be dated.
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