The respondent sent a letter to the claimant informing him that he would be compulsorily retired (under the old statutory retirement procedure) and that he was entitled to make a request to continue working beyond his 65th birthday.

The EAT held that:

  • the letter was invalid as written notice under the rules, because it did not state that the request to continue working beyond retirement must be made under paragraph 5 of Schedule 6 of the Employment Equality Age Regulations 2006 (now repealed); and
  • the reason for dismissal was retirement and the dismissal was unfair.

This case is of limited significance given that the statutory retirement procedures were repealed on 6 April 2011. However, it is relevant to employers who have issued notices of retirement in the run-up to the abolition of the default retirement age. Unless the correct wording has been used, the notice issued will be invalid. Please contact us if you need advice on this matter.

Bailey v R&R Plant (Peterborough) Ltd