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| Legal updates | UK's age law under scrutiny in Europe next month
UK's age law under scrutiny in Europe next month
03 June 2008
Heyday's challenge to the UK's age discrimination law is due to be heard by the European Advocate General earlier than previously thought, a hearing has been scheduled for 2nd July
Heyday, an offshoot of Age Concern, is challenging the legality of the Employment Equality (Age) Regulations 2006 (the “Regulations”) which came into force in October 2006. In particular, Heyday is challenging the national default retirement age which allows employers to retire employees compulsorily at age 65 provided they follow the statutory retirement procedure. Heyday says that this is in breach of the European Framework Directive and the Regulations should be amended to outlaw mandatory retirement ages.
The case has been referred to the European Court of Justice (“ECJ”) but was not expected to be heard before 2009. Now, the legal team leading the challenge believe that the ECJ's final decision could come by the end of this year. The Advocate General is due to hear the case on 2 July and it is believed that a preliminary opionion could be sent to the ECJ in the Autumn. The Advocate General's opinion is the first stage inthe process. The ECJ must then go on to consider if it will follow that opinion in its final judgement.
All tribunal cases dealing with retirement ages are currently stayed pending the outcome of Heyday's case. Once the ECJ has made its decision the case will return to the House of Lords for a final determination. Although there is still someway to go, it appears that the current legal uncertain may be resolved sooner than expected.
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