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

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 The Employment Equality (Age) Regulations 2006 were repealed on 6 April 2011 and employers that have issued invalid notices cannot now issue fresh notices to rectify the any errors.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 it is a request made pursuant to paragraph 5 of the above legislation. The claimant in this case