R & R Plant (Peterborough) Ltd v Bailey [2012] EWCA Civ 410

  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Unfair Dismissal
Issues covered: Retirement; statutory procedures

The EAT held in this case that the obligation on employers to notify employees of their right to request working beyond retirement was not complied with unless the employer notified the employee of the essential conditions for exercising the right. The invalidity of the employer‟s notice therefore made the employer‟s dismissal for retirement unfair. The Employment Equality (Age) Regulations 2006 were repealed on 6 April 2011 and employers that have issued invalid notices cannot now issue fresh notices to rectify the any errors. A “request” must be in writing and state that

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This article is correct at 05/04/2012
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.