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Unfair dismissal: Employer failed to comply with retirement formalities

This report relates to 1 case(s)

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    Bailey v R&R Plant (Peterborough) Ltd EAT/0370/10 (2 other reports)

    The Court of Appeal has dismissed the appeal against this EAT decision that, when an employer was informing an employee of the right to request not to retire under the repealed statutory default retirement procedures, it was required to cite para.5 of sch.6 to the Employment Equality (Age) Regulations 2006. However, the Court of Appeal did say that there was no requirement on the employer to inform the employee of the requirements of a valid request (R&R Plant (Peterborough) Ltd v Bailey [2012] IRLR 503 CA).

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      1 July 2011

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    • Statutory retirement procedures: employer must inform employee of conditions to make a valid request

      24 May 2011

      The Employment Appeal Tribunal has held that, under the statutory default retirement procedures (now repealed), the employer must inform the employee of the essential conditions for exercising the right to request to work beyond the intended retirement date. 

In Bailey v R&R Plant (Peterborough) Ltd EAT/0370/10, the EAT held that the employer failed to comply with the retirement procedures in sch.6 to the Employment Equality (Age) Regulations 2006 when it failed to inform the employee that any request not to be retired had to be in writing and had to state that it was made under para.5(3) of sch.6.