Source: All England Reporter
Publisher Citation: [2012] All ER (D) 37 (Apr)
Neutral Citation: [2012] EWCA Civ 410
Court: Court of Appeal, Civil Division
Judge:

Ward, McFarlane LJJ and Dame Janet Smith
Representation Jason Galbraith-Marten (instructed by Leigh Day & Co) for the employee.
  Changez Khan (instructed by Fraser Dawbarns LLP) for the employer.
Judgment Dates: 2 April 2012

Catchwords

Employment - Contract of service - Age discrimination - Employer notifying employee of wish to retire him on 65th birthday - Employer refusing employee's request to continue in employment after retirement age - Employment Appeal Tribunal finding that employer failing to alert employee to requirements that he had to comply with in making request to stay on - Employer submitting no requirement to identify the statutory provision under which the notice was being given - Whether Employment Appeal Tribunal erring - Employment Equality (Age) Regulations 2006, .

The Case

Employment Contract of service. The Court of Appeal, Civil Division, upheld a decision of the Employment Appeal Tribunal, that where the employer in the instant case had notified an employee of an intention to retire him when he reached retirement age, the employer had been required to inform the employee that he had a right to make a request not to be retired under para5 of Sch6 to the Employment Equality (Age) Regulations 2006, .

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