In Rosenbladt v Oellerking Gebäudereinigungsges mbH [2011] 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.
The employment tribunal in this case found that comments from two managers in capability meetings, suggesting that an underperforming older worker might consider early retirement, constituted age discrimination.
An employment tribunal has held that a former BBC employee's belief that "public service broadcasting has the higher purpose of promoting cultural interchange and social cohesion" is a philosophical belief for the purposes of discrimination legislation.