Exclusion of section 54U.K.

(1)F1. . . section 54 does not apply to the dismissal of an employee from any employment if the employee—

(a)was not continuously employed for a period of not less than [F2two years] ending with the effective date of termination, or

[F3(b)attained the following age on or before the effective date of termination, that is to say—

(i)if in the undertaking in which he was employed there was a normal retiring age for an employee holding the position which he held and the age was the same whether the employee holding that position was a man or a woman, that normal retiring age; and

(ii)in any other case, the age of sixty-five.]

(2)If an employee is dismissed by reason of any such requirement or recommendation as is referred to in section 19(1), subsection (1)(a) shall have effect in relation to that dismissal as if for the words [F4two years] there were substituted the words [F5one month].

(3)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(3)Subsection (1) shall not apply to the dismissal of an employee if it is shown that the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal, was an inadmissible reason.

(4)For the purposes of subsection (3) “inadmissible”, in relation to a reason, means that it is one of those specified in section [F857A(1) (read with (2) and (3)), [F957AA,]] 60(a) to (e) [F10or 60A(1) (read with (2) and (3))].

(5)Subsection (1) shall not apply to a case falling within section 60(f).]

F1164A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

(4)Subsection (3) shall not apply to the [F12right conferred by section 60 or 60A(1)][F13or the right conferred by paragraph 7 or 8 of Schedule 5A to the Betting, Gaming and Lotteries Act 1963][F14or the right conferred by paragraph 7 or 8 of Schedule 4 to the Sunday Trading Act 1994].

F15(2)If [F16at any time when an order under section 65 is in force, in respect of a dismissal procedures agreement the Secretary of State is satisfied, whether on an application by any of the parties to the agreement or otherwise,] either—

(a)that it is the desire of all the parties to the dismissal procedures agreement that the order should be revoked, or

(b)that the agreement has ceased to fulfil all the conditions specified in section 65(2),

the Secretary of State shall revoke the order by a further order made under this section.

(3)Any order made under this section may contain such transitional provisions as appear to the Secretary of State to be appropriate in the circumstances, and, in particular, may direct—

(a)that, notwithstanding section 65(3), an employee shall not be excluded from his rights under section 54 where the effective date of termination falls within a transitional period which is specified in the order and is a period ending with the date on which the order under this section takes effect and shall have an extended time for presenting a complaint under section 67 in respect of a dismissal where the effective date of termination falls within that period, and

(b)that in determining any complaint of unfair dismissal presented by an employee to whom the dismissal procedures agreement applies, where the effective date of terminations falls within that transitional period, an industrial tribunal shall have regard to such considerations (in addition to those specified in this Part and paragraph 2 of Schedule 9) as may be specified in the order.