In R (on the application of The Incorporated Trustees of the National Council on Ageing) v Secretary of State for Business, Enterprise and Regulatory Reform Case C-388/07 (Heyday), the Advocate General has taken the view that a statutory default retirement age is not incompatible with EU law, and is potentially justifiable.
The Advocate General has said that 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.
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