HR professionals should highlight 23 September 2008 in their diaries: that's the date that the Advocate-General's opinion on Heyday's challenge to the default retirement age is due to be given.
In one of the most significant employment cases of recent years, the National Council on Ageing, which operates under the names Heyday and Age Concern, is arguing before the European Court of Justice (ECJ) that the default retirement age in the Employment Equality (Age) Regulations 2006 is incompatible with the Framework Directive. The default retirement age allows employers to retire individuals at 65 or over.
All tribunal claims of age discrimination relating to default retirement under the Employment Equality (Age) Regulations 2006 have been halted pending the outcome of this decision.
It is often said that the ECJ follows the Advocate-General's opinion in the majority of cases, so the opinion should give some indication about which way the case will go when the ECJ gives its final ruling, possibly by the end of 2008.
If the ECJ decides in Heyday's favour, 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.
Read more about the timetable for the case on the Heyday website.
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