Employment Rights Act 1996

109 Upper age limit.E+W+S

(1)Section 94 does not apply to the dismissal of an employee if on or before the effective date of termination he has attained—

(a)in a case where—

(i)in the undertaking in which the employee was employed there was a normal retiring age for an employee holding the position held by the employee, and

(ii)the age was the same whether the employee holding that position was a man or a woman,

that normal retiring age, and

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

(2)Subsection (1) does not apply if—

(a)section 84 or 96(1) applies,

(b)subsection (1) of section 99 (read with subsection (2) of that section) or subsection (3) of that section applies,

(c)subsection (1) of section 100 (read with subsections (2) and (3) of that section) applies,

(d)subsection (1) of section 101 (read with subsection (2) of that section) or subsection (3) of that section applies,

[F1(dd)section 101A applies,]

(e)section 102 applies,

(f)section 103 applies,

(g)subsection (1) of section 104 (read with subsections (2) and (3) of that section) applies, or

(h)section 105 applies.