Background/facts

Many of our clients are still going through the final processes with employees who were notified of their intended retirement date prior to April this year and are continuing with right to request to work beyond that date under the Employment Equality (Age) Regulations 2006 (now repealed).

In this recent case the EAT (in its wisdom) found that where an employer provides written notice of its intention to retire an employee under the statutory retirement procedures, the employer must inform the employee that any written request to continue working must be made in writing and must state it is made under Paragraph 5 of Schedule 6 to the Employment Equality Age Regulations 2006.  In this case the Respondent’s letter to the Claimant informing him that he would be retired and that he is entitled to make a request to continue to work beyond his 65th birthday was invalid because the written notice did not state that the request must be made under Paragraph 5.  The Judge (HHJ Richardson) concluded that the employee must be informed of his statutory procedural right and this is only satisfied if the central conditions by which it may be exercised are also explained.

Comment

Many employers have not specifically referred to the schedules of the Employment Equality Age Regulations 2006 in their precedents over the last few years and it is likely that this decision represents a victory for procedure over common sense.  Given that employers can no longer issue notice of intended retirement this piece of retrospective judicial decision making will soon become an historical footnote, however it is still possible the argument could be raised by those employees still subject to the retirement procedures.  If the matter is raised by employees with any of our clients, we would urge them to contact us for specific advice.