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Setback to Heyday legal challenge on mandatory retirement age The advocate-general of the European Court of Justice, giving his opinion on a similar Spanish case (Palacios v Cortefiel Servicios SA) to that of Heyday, stated that the EU Equal Treatment Framework does not apply to state laws setting retirement age.
The advocate-general’s decision is not binding, but the judge in the Palacios case will be expected to follow it.
The opinion has potential implications for the Heyday case but Age Concern believe that there are important distinctions between Heyday and Palacios. For more information about this see advocate general opinion on spanish case on mandatory retirement on the Age Concern website.
Opinion among employment lawyers and other experts differs as to how far-reaching the Age Concern-Heyday decision is. Some react to the decision with pessimism, some think employers will be relieved. Others see the position as unclear.
You can view a snapshot of these opinions at www.personneltoday.com.
Heyday, supported by Age Concern applied for a judicial review of the Employment Equality (Age) Regulations (2006) which came into force on 1 October. In particular, Heyday was challenging the Government over employment rights for people over the age of 65.
Heyday, believes that these regulations contravene a European Directive outlawing age discrimination and leaves people over 65 without the right to choose to continue working.
The case was heard by the High Court on 6 December 2006 and permission was granted to refer it to the European Court of Justice.
Heyday is an organisation, backed by Age Concern, set up to support people approaching or in early retirement.
