Court of Appeal hearing in R&R Plant Hire v Bailey


On 7th March the Court of Appeal heard the matter of R&R Plant Hire v Bailey. Our Head of Litigation, Stephen McGregor, attended in support of our client, R&R Plant Hire (Peterborough) Ltd.

For those unfamiliar with the case, the issue the Court was asked to decide was what information employers were obliged to give to employees to whom they gave notice of intended retirement under the now repealed Employment Equality (Age) Regulations 2006 as to how the employee could exercise his or her right to request continuing working beyond the specified retirement date. The decision is of considerable importance for anyone who either issued or received a notice of intended retirement under the now repealed Default Retirement Age provisions.

The case was heard by Dame Janet Smith, Lord Justice Ward and Lord Justice MacFarlane. All were unimpressed with the drafting of the 2006 Regulations. Indeed, comment was made that the Regulations were drafted by “a lunatic”.

Judgement was reserved at the conclusion of the hearing with a promise by the Court of Appeal to hand down its judgement ASAP. This is because proceedings in various other cases have been stayed pending this decision.

There will many people waiting on the sidelines eager to hear exactly what employers should have told their employees. Employers and employees up and down the country will be looking closely at their notices of intended retirement to see how they compare with the decision soon to be given by the Court of Appeal. Watch here for details of the final judgement.