§
'.—Section 109 of the Employment Rights Act 1996 (c. 18) (Upper age limit) is hereby repealed.'.—[Hywel Williams.]
§ Brought up, and read the First time.
§ Hywel WilliamsI beg to move, That the clause be read a Second time.
The purpose of new clause 7 is to remove the age limit on protection against unfair dismissal, so that an employee over the age of 65 would have the same protection as any other employee. Under section 94 of the Employment Rights Act 1996, an employee has a right not to be 159 dismissed unfairly. However, under section 109 of that Act, that protection does not apply to the dismissal of an employee who has attained the retirement age for an undertaking and the age was the same whether the employee was a man or a woman or, in any other case, the employee had attained the age of 65.
Under new clause 7, that existing age limit on protection against unfair dismissal would be removed. That would ensure that an older person could claim unfair dismissal, just like any other employee. It would also bring that right into line with a great many other employment rights that are not subject to an upper age limit—for example, the right to paid leave and a minimum wage. That right would be consistent with the right to claim unfair dismissal for specified reasons that are automatically regarded as unfair, such as trade union membership.
§ 9 pm
§ Mr. HammondThe Opposition have a great deal of sympathy with the principles behind the hon. Gentleman's new clause. However, we do not feel that it is right to legislate on this matter in isolation. A much wider issue must be addressed. We look forward to a constructive discussion on how to protect the rights of older workers in the work force when the consultation in which the Government are engaged is discussed in this place.
§ Question put and negatived.
§ It being after Nine o'clock, MADAM DEPUTY SPEAKER proceeded to put forthwith the Questions necessary for the disposal of the business to be concluded at that hour, pursuant to Order [27 November 2001]