s 7 Re-employment eligibility criteria
7.—(1) For the purposes of this Act, an employee is eligible for re‑employment in accordance with section 7A if —(a) the employee is born on or after 1 July 1952; and (b) the employer assesses the employee as —(i) having at least satisfactory work performance; and (ii) being medically fit to continue working.[5/2017] (2) For the purpose of subsection (1)(b)(ii), an employee is presumed to be medically fit to continue working, unless the employer of the employee proves, on a balance of probabilities, that the employee is not medically fit. (3) Where an employer does not intend to re‑employ an employee because the employee does not meet the criteria in subsection (1)(b), then as far as it is reasonably practicable, the employer must give the employee written notice of that intention within a reasonable period before terminating the employee’s employment.[5/2017]