European Ruling on UK Default Retirment Age
In recent times there has been a challenge to the compulsory default retirement age in the UK of 65. The challenge basically stated that it was discriminatory under the age discrimination regulations to have a default retirement age.
The Advocate General in the European Court of Justice has delivered his opinion on the Heyday Challenge and has said that the compulsory or default retirement age of 65 set out in the Age Discrimination Regulations was lawful and not incompatible with European law. The UK Government will still be required to justify the default retirement age.
We now have to wait for the decision of the full European Court of Justice, which is expected in early 2009.
Until then those people who are retired on their 65th birthday, where the employer has followed the duty to consider procedure, will not be able to claim unfair dismissal or age discrimination.
If you have any questions about age discrimination or the duty to consider procedure which must be followed at retirement please contact Louise on 07949552403 or infohr@indigohr.com