The European Court of Justice has held that a rule in a collective agreement applicable to the crew of the German airline Deutsche Lufthansa prohibiting pilots from flying after the age of 60 is discriminatory on the ground of age.
The European Court of Justice has held that German legislation that requires civil servants to retire at 65 can be justified if "appropriate and necessary" means are used to achieve the aim of balancing the employment levels of young and older civil servants to encourage the recruitment and promotion of young people. It also stressed that budgetary considerations cannot by themselves constitute a legitimate aim in relation to a member state's social policy.
The Employment Appeal Tribunal has held that an employer that follows the procedural requirements of the repealed statutory retirement procedure, but refuses to countenance the possibility that a request not to retire might be granted, can be in breach of the statutory retirement procedure.
Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal has held that a retirement notice issued under the now-defunct statutory retirement procedure that stated that the employee would cease work "after" his 65th birthday was valid.
The Employment Appeal Tribunal has held that, under the statutory default retirement procedures (now repealed), the employer must inform the employee of the essential conditions for exercising the right to request to work beyond the intended retirement date.
In Rosenbladt v Oellerking Gebäudereinigungsges mbH  IRLR 51 ECJ, the ECJ held that art.6(1) of the Equal Treatment Framework Directive does not necessarily preclude domestic legislation that permits the use of automatic termination clauses based on the retirement age, or the use of such clauses in collective agreements. The crucial issue is whether or not such measures are objectively justified.
HR and legal information and guidance relating to compulsory retirement.