The Court of Appeal has dismissed an employer's appeal, and upheld the decision of the Employment Appeal Tribunal ("EAT'") that the employer had failed to properly notify the employee of their right to request not to retire. However, the court held that the EAT had gone too far in requiring the employer to explain the "essential requirements" of making a request. The obligation was merely to inform the employee that they had a right to request not to retire "pursuant to paragraph 5 of Schedule 6 of the Employment Equality (Age) Regulations 2006".

The consequence of an employer's notice failing to meet this requirement is that the retirement dismissal is likely to be unfair, and may also be discriminatory if it is not objectively justified. (R & R Plant (Peterborough) Ltd v Bailey [2012] EWCA Civ 410.)