Issue of “forced retirement age” referred to the European Court of Justice – News – agediscrimination.info

The organisation Heyday, which supports people at or nearing retirement, brought judicial review proceedings challenging the Government’s decision to include a retirement age of 65 in the new age discrimination regulations. Heyday argued that the ability of employers to require employees to retire at or over 65, and to refuse to employ people over 65, is direct age discrimination and is not allowed by the European Directive on which the new law is based.

Heyday proposed at the hearing on 6th December that the issue should be referred to the European Court, and the Government did not oppose this proposal.

The position will not be clarified until the European Court has heard the case and made its ruling.

In the meantime, employers can continue to rely on a retirement age of 65, as provided for in the age discrimination regulations. However, there may be additional implications for employers in the public sector.

If the provisions of a European Directive are sufficiently clear, it is possible for a public sector employee to rely directly on the Directive in making a discrimination claim. Such claims are likely to be stayed pending the European Court’s decision. However, if a compulsory retirement age of 65 is found to be unlawful, it is possible that public sector employers who have relied on this provision may find themselves liable for age discrimination.

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