R & R Plant (Peterborough) Ltd v Bailey [2012] EWCA Civ 410
Decision Number:
Legal Body: Court of Appeal (England and Wales)
Published on: 05/04/2012
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Background
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 The Employment Equality (Age) Regulations 2006 were repealed on 6 April 2011 and employers that have issued invalid notices cannot now issue fresh notices to rectify the any errors.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 received notice six months before his 65th birthday that
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Disclaimer
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.
This article is correct at 05/04/2012
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