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Retirement Age Challenge - Today's the Day
The UK Employment Equality (Age) Regulations 2006, which came into force on 1 October 2006, make all retirement ages under 65 illegal unless objectively justified.
Heyday, an organisation backed by Age Concern to support people approaching or in early retirement, has challenged the Government over the inclusion of the mandatory retirement age on the grounds that this means that the Regulations do not fully implement the EU Equal Treatment Directive. The organisation wants the legislation amended to give workers over 65 the same protection from discrimination as younger workers. In order to settle this issue, the matter was referred to the European Court of Justice (ECJ).
A hearing is due to be held before one of the ECJ’s Advocate Generals, starting today. A written submission on the merits of Heyday’s case and the legality of the UK Government’s transposition of the EU Directive will then be submitted to the ECJ and it is possible that the Court will come to its decision before the end of the year.
Heyday, an organisation backed by Age Concern to support people approaching or in early retirement, has challenged the Government over the inclusion of the mandatory retirement age on the grounds that this means that the Regulations do not fully implement the EU Equal Treatment Directive. The organisation wants the legislation amended to give workers over 65 the same protection from discrimination as younger workers. In order to settle this issue, the matter was referred to the European Court of Justice (ECJ).
A hearing is due to be held before one of the ECJ’s Advocate Generals, starting today. A written submission on the merits of Heyday’s case and the legality of the UK Government’s transposition of the EU Directive will then be submitted to the ECJ and it is possible that the Court will come to its decision before the end of the year.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
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