EAT UNFAIR DISMISSAL
AGE DISCRIMINATION
The appeal concerned the statutory right to request not to retire and in particular paragraphs 2 and 5 of Schedule 6 of the Employment Equality (Age) Regulations 2006 (now repealed).
Held:
(1) In order to comply with paragraph 2(1) of Schedule 6 an employer was required to inform an employee in writing of the essential conditions for exercising the right conferred by paragraph 5.
(2) Paragraph 5(3) required that an employee’s statutory request must be in writing and must state that it was made under this paragraph. These were mandatory requirements.
(3) Accordingly the employer’s letter, which did not inform the employee of this essential condition for exercising the right conferred by paragraph 5(3), did not satisfy the requirements of paragraph 2(1) of Schedule 6.
Appeal allowed. Finding substituted that the reason for dismissal was retirement and the dismissal was unfair. Compensation awarded in the sum of andpound;4455.
Citations:
[2011] UKEAT 0370 – 10 – 1805
Links:
Jurisdiction:
England and Wales
Employment
Updated: 12 September 2022; Ref: scu.439851
