Human Rights Act 1993

149 Special provisions in relation to written employment contracts in force on 1 April 1992

• (1) This section applies to every employment contract (whether a collective employment contract or an individual employment contract) that—

  • (a) is in writing; and

  • (b) was in force on 1 April 1992; and

  • (c) specifies an age at which an employee is required to retire.

  (2) Where the parties to an employment contract to which this section applies agree in writing, at any time on or after 1 April 1992, to confirm or vary the age specified in the employment contract, the age, as so confirmed or varied, shall have effect notwithstanding section 22.

  (3) Where the parties to an employment contract to which this section applies have not agreed in writing to confirm or vary the age specified in the employment contract, section 22 shall apply in relation to that employment contract.

  (4) Where, as at 1 April 1992, the age at which an employer is required to retire, under a term of that employee's employment contract, was specified only in a document that sets out the employer's policy on the retirement ages of the employer's employees or any of them, this section shall not apply in relation to that employee's employment contract.

  Compare: 1977 No 49 s 15C; 1992 No 16 s 4