A legal challenge to the UK default retirement age is due to be heard by the European Court of Justice on Wednesday 2 July. The case has been brought by the National Council on Ageing, which operates under the names Heyday and Age Concern. It argues that the Government has improperly implemented the EU Framework Directive on which our age discrimination Regulations are based through the inclusion of the default retirement age. This allows employers to retire people at age 65 or over.
All tribunal claims relating to the default retirement age are currently being stayed until the ECJ’s ruling in the Heyday challenge. Although the hearing is due to take place tomorrow, the judgment is not expected to be published until later this year. If Heyday is successful, the Government will be obliged to amend its age discrimination legislation and UK employers will no longer be able to require their employees to retire at 65 without the prospect of tribunal claims.
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