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R (on the application of the Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform

This report relates to 1 case(s)

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    R (on the application of the Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform [2009] IRLR 373 ECJ (0 other reports)

age discrimination legislation | default retirement age

The European Court of Justice (ECJ) has held that the UK legislation permitting employers to dismiss employees aged 65 or over if the reason for dismissal is retirement can, in principle, be justified under the Framework Directive.

The National Council on Ageing, which operates under the names Heyday and Age Concern, brought a case in the High Court claiming that the default retirement age in the Employment Equality (Age) Regulations 2006 (SI 2006/1031) is incompatible with the Framework Directive.