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24 July 2009
Issue: 7379 / Categories: Legal News , Discrimination , Employment
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Heyday fuels age debate

Pressure on the government to abandon the national default retirement age (DRA) mounted last week as a landmark case reached the High Court.

In what has become known as ‘the Heyday case’, Age Concern and Help the Aged argued that the national DRA introduced under the Employment Equality (Age) Regulations 2006 fails to interpret an EU Directive against age discrimination correctly. The case returned to the High Court following a European Court of Justice ruling earlier this year that compulsory retirement can be justified only if it is a “proportionate” means of achieving a social policy objective related to employment, such as vocational training or labour market policy.More than 300 employment appeals are on hold until this case clarifies the law.

Last week, the government announced it was bringing forward a review of the DRA, originally scheduled for 2011, to next year. The review will look at ways to give people flexible retirement options.

However, Faith Dickson, partner at niche pension firm, Sacker & Partners, says the DRA gives employers “some certainty about

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NEWS
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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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