Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Latest NewsEquality, diversity and inclusionAge discriminationRetirement

Heyday warns retirement age challenge is not over yet

by Louisa Peacock 2 Oct 2008
by Louisa Peacock 2 Oct 2008

The legal challenge against the UK’s mandatory retirement age is far from over, Heyday has warned.

The advocate-general of the European Court of Justice (ECJ) ruled last week that the compulsory retirement age of 65 was lawful, despite the campaigning group, an arm of charity Age Concern, claiming the legal interpretation of the EU directive upon which the age regulations are based is wrong.

But there is no guarantee that the ruling by the judges at the ECJ, expected in December, will follow the advocate-general’s opinion, Heyday has stressed.

The case will also still return to London after the ECJ ruling, where the High Court will look at all the evidence and decide whether the national default retirement age can be justified.

Heyday director Ailsa Ogilvie said this means the case has not reached the end of the line. “Unfortunately, many of the recent media reports have misinterpreted the legal nuances of the Heyday case,” she said. “The fact is that we still have a strong case and we will fight on for the millions of older workers in the UK.”

The UK government will have to make a case to the High Court as to why its social policy or employment policy objectives make a national default retirement age necessary. The High Court will be guided by the ECJ’s interpretation of EU law.

Gordon Lishman, director general of Age Concern, said: “Direct discrimination on the basis of age is a serious issue and only justifiable in very limited circumstances. We are hopeful that the High Court will reach the same conclusion.”

Heyday also claimed that despite Europe’s ageing population, the advocate general’s opinion “implied that ageism is less significant than other forms of discrimination”, leaving workers open to direct discrimination in the workplace because of their age.

According to the Employment Tribunals Service, about 260 cases in England, Scotland and Wales are awaiting a ruling on whether forcing workers to retire at 65 is illegal.

Avatar
Louisa Peacock

previous post
NMC needs a radical rethink on course content for SCPHNs
next post
Most staff are not trained to carry out tasks at work

You may also like

Netherlands on track to approve working from home...

7 Jul 2022

Supporting Muslims during Eid: Five employer questions

7 Jul 2022

Preventing Burnout: How can HR help key workers...

7 Jul 2022

Employment and equalities ministers quit Boris Johnson’s cabinet

6 Jul 2022

Maya Forstater wins belief discrimination case over gender-critical...

6 Jul 2022

Learning disability employment gap shows local spikes

6 Jul 2022

Inflation: A return to the 1970s or a...

6 Jul 2022

NI threshold increase ‘not likely to benefit workers’

6 Jul 2022

Kristie Higgs succeeds in bid to remove LGBT...

5 Jul 2022

‘Low flight risk’ designer wins £100k age discrimination...

5 Jul 2022
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more
  • The ultimate guide to payroll for small businesses PROMOTED | You’ve started a business that has expanded to the point of requiring more staff to meet demand. Congratulations!...Read more
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+