Bailey v R & R Plant (Peterborough) Ltd (Unfair Dismissal : no sub-topic) [2011] UKEAT 0370_10_1805 (18 May 2011)

Bailey v R & R Plant (Peterborough) Ltd (Unfair Dismissal : no sub-topic) [2011] UKEAT 0370_10_1805 (18 May 2011)

The employer's letter failed to inform the employee of the essential statutory requirements for making a valid request not to retire, as required by paragraph 2(1) of Schedule 6. Consequently, the procedural protections were not triggered, and the dismissal was unfair.

Citation
[2011] UKEAT 0370_10_1805
Parties
Appellant/claimant: Mr Michael Bailey; Respondent/employer: R & R Plant Hire (Peterborough) Ltd
Jurisdiction
United Kingdom
Judgment Date
18 May 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment Dated 29 April 2010
Outcome
Appeal allowed. Finding substituted that the reason for dismissal was retirement and the dismissal was unfair.
Legal Topics
Unfair Dismissal, Age Discrimination, Statutory Right to Request Not to Retire, Procedural Fairness, Interpretation of Employment Equality (age) Regulations 2006
Employment Law Equality Law Unfair Dismissal Age Discrimination Statutory Right to Request Not to Retire Procedural Fairness Interpretation of Employment Equality (age) Regulations 2006

Case Brief

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Parties

Mr Michael Bailey

Appellant/claimant

R & R Plant Hire (Peterborough) Ltd

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment Dated 29 April 2010

Legal Issues

  1. 1 Whether the employer complied with the duty to inform the employee in writing of the essential conditions for exercising the right not to retire under Schedule 6, paragraph 2 of the Employment Equality (Age) Regulations 2006
  2. 2 Whether the employee's request not to retire was valid under paragraph 5(3) of Schedule 6
  3. 3 Whether the dismissal was unfair due to procedural non-compliance

Ratio Decidendi

The employer's letter failed to inform the employee of the essential statutory requirements for making a valid request not to retire, as required by paragraph 2(1) of Schedule 6. Consequently, the procedural protections were not triggered, and the dismissal was unfair.

Court Disposition

Appeal allowed. Finding substituted that the reason for dismissal was retirement and the dismissal was unfair.

Orders

  • Declaration that the Claimant was unfairly dismissed
  • Basic award of £4455 to the Claimant