Questions in Heyday retirement challenge finalised

The High Court has finalised the questions to be referred to the European Court of Justice in Heyday's legal challenge to the default retirement age introduced by the Employment Equality (Age) Regulations 2006.

The case has been brought by the National Council on Ageing, which operates under the names Heyday and Age Concern. It believes that the inclusion of the default retirement age, which allows employers to retire individuals at 65 or over, in the Regulations makes them incompatible with the Framework Directive.

The case is unlikely to be heard until 2008 and a decision is not expected until 2009.

  • Heyday's legal challenge to default retirement age   Read details of the questions referred to the ECJ, in XpertHR's case law stop press service.

  • Johns v Solent SD Ltd   XpertHR's case law stop press service reports on an employment tribunal decision denying a request that proceedings in an claim for unfair dismissal and age discrimination be stayed until the outcome of Heyday's challenge to the default retirement age.

  • Advocate-General's opinion in Félix Palacios de la Villa v Cortefiel Servicios SA   The Advocate-General has given his opinion on the legality of EU member states introducing national laws that allow compulsory retirement clauses to be included in collective agreements, in a Spanish case that raises similar issues to the Heyday challenge. From XpertHR's case law stop press service.

    Also

    Legal Q&A: Heyday's age discrimination case   Owen Warnock, employment law partner at Eversheds, answers questions on Heyday's legal challenge.

    Legal judgment date for Heyday retirement challenge slips towards 2009   Employers have been warned against complacency over the legal challenge to the mandatory retirement age, after the expected date for a verdict slipped towards 2009.

    Heyday frustrated by delays to mandatory retirement hearing   A European legal decision on the government's mandatory retirement age has been hit by "frustrating" delays, the campaign group behind the challenge has revealed.