header-logo header-logo

12 March 2009
Issue: 7360 / Categories: Legal News , Employment
printer mail-detail

Setback for Heyday campaign

ECJ ruling will derail huge number of potential claims against employers

Compulsory retirement at 65 can be justified, the European Court of Justice (ECJ) has ruled.

The ruling, which stems from a judicial review against the national default retirement age, will derail a huge number of potential claims against employers, according to Freshfields’ employment partner Kathleen Healy. “Employers now retain their legal right to enforce retirement at 65, providing they follow the correct procedure,” she says.

In Incorporated Trustees of the National Council for Ageing (Age Concern England) v Secretary of State for Business, Enterprise and Regulatory Reform, better known as the Heyday case, the charity argued the UK government had incorrectly implemented the EC Equal Treatment Framework Directive in the Employment Equality (Age) Regulations 2006 by allowing forced retirement and by giving employers too much scope for age-based rules in the workplace.

The High Court referred a series of questions to the European court, which ruled last week that a mandatory retirement age is in principle capable of justification. Consequently, subject to a further decision by the High Court, UK employers can continue to retire employees at 65.

According to Thompsons Solicitors, the government will now have to show that compulsory retirement is “objectively and reasonably justified by a legitimate aim” and the means chosen are “appropriate and necessary”. A legitimate aim must be grounded in social policy and not “purely individual reasons particular to the employer’s situation”.

Richard Arthur of Thompsons Solicitors said: “While the ECJ was reluctant to criticise the form of law-making in the UK, it was sceptical of whether the UK government could actually show that there was a legitimate aim in allowing employers to retire employees compulsorily at age 65, and that the means of achieving that aim were proportionate and necessary.”

Schona Jolly, discrimination specialist at Cloisters chambers, which acted for Age Concern, said: “This is clearly a setback for age equality campaigners who were hoping for favourable rulings that would show that the European court considered age discrimination to be as serious as race or sex discrimination.”

Issue: 7360 / Categories: Legal News , Employment
printer mail-details

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll